IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4945 of 2009 MODI CONSTRUCTION COMPANY Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: Mr. Y.V.Giri,Sr.Advocate Mr. Vikash Kumar,Advocate For the State: Mr. Prashant Pratap J.C.to G.A.9 ---------- 3 27.11.2009 Heard learned counsel for the parties. The dispute raised by the petitioner relates to restoration of Eastern Koshi Main Canal relating to earth work and existing structures. For the completed contract and non-payment of the bills by respondents has brought the petitioner before the Court in the present writ application. Submission of learned counsel is that despite agreement dated 26.11.2004 contained in annexure-5 a significant communication contained in letter no. 3756 dated 17.11.2004, contained in annexure-4 to the writ application has a bearing on the said agreement because annexure-4 lays down certain terms and conditions for execution of actual work and payment of the bills on the basis of head load and mechanical removal. After having heard learned senior counsel for the petitioner and learned counsel for the respondent State Court opines that it is not a pure question of law which needs to be adjudicated upon. The facts must be sorted out viz-a-viz the agreement, the effect of annexure-4 and the actual work which has been carried out by the petitioner based on which the final settlement of bills have to be made. - 2 - With regard to the amount due, the difference of pleadings on fact and the rival stands between the two parties, the Court is of the opinion that the Principal Secretary-cum- Commissioner, Water Resources Department, Government of Bihar should constitute a committee of such persons who are well versed with the issue and refer the matter for adjudication at their level. The petitioner has freedom to appear before the said committee, place the issue as well as supporting materials and the decision of the said committee may govern the dispute which has been brought to the Court. This so because the petitioner instead of responding to the communications contained in annexures 13 and 14 to the writ application has rushed to the High Court. This writ application is disposed of with the direction that the exercise in question would be completed preferably within a period of five months from the date of filing of the claim of the petitioner along a copy of this order. This writ application stands disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)