IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12395 of 2007 M/S DEBASHREE CONSTRUCTION(INDIA0 Pvt. Ltd., a Company incorporated under the Indian Companies Act, 1956, having its Head Office at Nawajadik Complex, Old G.T.Road, Aurangabad, Bihar through its Managing Director Geeta Singh wife of Shri Kaushal Kumar Singh, resident of village & P.O. Kunda, P.S. and District- Aurangabad. Versus 1. THE STATE OF BIHAR through the Secretary, Water Resources Department, Govt. of Bihar, Patna. 2. The Engineer-in-Chief, Water Resources Department, Govt., of Bihar, Patna. 3 .The Chief Engineer, Water Resources Department, Dehri-on-Sone,Rohtas. 4. The Superintending Engineer, Sone Canal Modernization Circle Nuaon, Kaimore, Bhabhua. 5.The Executive Engineer,Flood Control Division,Brahampur, having its Camp Office at Kargahar, Kochas, District- Rohtas. ----------- 3 14.5.2009 Petitioner had undertaken some road construction work pursuant to Agreement no.1-F2/2002-03, dated 10.4.2002 for the Water Resources Department. Petitioner’s grievance is that for the said work he was to lift sand from a distance of 3Kms. as contemplated under the agreement. When the petitioner started work it had been realized that the sand was not available at that place and the petitioner was then required to carry sand from a distance of about 25 kms.. He accordingly requested for enhanced payment and sand amendment agreement. The same was also approved by the Executive Engineer but was never implemented. The second grievance is that because of heavy traffic the work would not progress. He submits that considering these facts, the Executive Engineer had granted extension of time with a hope for amendment of the agreement but even in the extended period the agreement was not - 2 - amended, which has led to cancellation of agreement and forfeiture of security and earnest money. Petitioner has come to this Court for a direction to release the earnest money and the security money. Petitioner points out that in the subsequent tender for the balance work respondents themselves realized the mistake committed earlier and provided for a lease of distance of 25 kms. for sand. This establishes bonafide contention of the petitioner and unreasonable action of the respondents in forfeiture of petitioner’s earnest money and security money. In my view, these are the disputed questions , which this Court is not in a position to deal with those questions. Petitioner may, if so advised, approach the Bihar Public Works Contracts Disputes Arbitration Tribunal constituted under the Bihar Public Works Disputes Tribunal Act, 2008, which would entertain the petitioner’s grievances. There is a small grievance of the petitioner, which can be redressed outright at this stage. Petitioner was required to deposit earnest money of about Rs. 4,60,000/-, which he deposited in the shape of National Savings Certificate. This National Savings certificate has now matured and the maturity value is far above the said amount. On petitioner’s depositing the earnest money in cash to the extent he was required to originally deposit the National Savings Certificate deposited in lieu thereof shall be released to him by the respondents within a period of fifteen days from the date cash and/or fresh NSC of - 3 - value of the earnest money is deposited . The earnest money, so deposited , would be subject to final order which may be passed by the Arbitral Tribunal. With the above observation and direction this writ petition stands disposed of. singh (Navaniti Prasad Singh)