IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4292 of 2005 RAMESHWAR KARMAKAR, SON OF LATE KANHAI LAL KARMAKAR, R/O VILLAGE TILBHITHA, P.S. RANGA, DISTRICT SAHEBGANJ, PRESENTLY POSTED AS ASSISTANT ENGINEER, ADVANCE PLANNING, BUILDING CONSTRUCTION DIVISION, PATNA………………………………………..PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY AND COMMISSIONER, RURAL DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. THE CHIEF ENGINEER, RURAL DEVELOPMENT ORGANISATION DEPARTMENT, BIHAR PATNA. 3. THE CHIEF ENGINEER, RURAL DEVELOPMENT ORGANISATION DEPARTMENT, JHARKHAND, RANCHI. 4. THE EXECUTIVE ENGINEER, RURAL DEVELOPMENT ORGANISATION DIVISION, SAHEBGANJ (JHARKHAND). 5. THE ASSISTANT ENGINEER, RURAL DEVELOPMENT ORGANISATION SUBDIVISION NO.4, PAKUR (JHARKHAND)…………………………..RESPONDENTS. For the petitioner : Mr. Upendra Prasad, Advocate. For the State : M/s D. Mukherjee and Neeraj Kumar, Advocates. ----------- 03/ 31.03.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner on 04.04.2005 for issuance of a writ in the nature of writ of certiorari for quashing letter no.598 dated 17.11.2004 (Received 15.02.2004) by which the respondent Executive Engineer, Rural Development Organization Division, Sahebganj has informed the petitioner, presently posted in Patna that the vouchers and Muster Rolls submitted earlier by the petitioner before the Assistant Engineer R.E.O. Pakur Sub- division No.4 has been rejected after a lapse of 8 years and remained unadjusted against the amount advanced (Rs.2,22,664.48 and Rs.17,684.00 from sub-divisional cash - 2 - book and divisional cash book respectively) for the construction of Ballavpur-Bhawanipur Jhikarhati Road and also for repair of Pakur Maheshpur Road and allotted 27.9 M.T. wheat under R.L.E.G.P. (Rural Labour Employment Gramin Programme) and the petitioner after submission of those vouchers and Muster Rolls was never informed during the last 8 years and presuming that the same was adjusted and as such respondent nos.4 and 5 may be directed to adjust the amount of advance given to him on the basis of those vouchers and entry made in four M.Bs. submitted in the year 1996 and such action of respondent nos.4 and 5 is arbitrary, malafide and violative of the principles of natural justice. 3. Learned counsel for the respondents raises a preliminary objection that this writ petition is not maintainable here as the impugned order is passed by the respondent Executive Engineer, Rural Development Organization Division, Sahebganj which lies within the State of Jharkhand and the petitioner is also presently working as Executive Engineer, Daltonganj in the State of Jharkhand. 4. Learned counsel for the petitioner seeks permission to withdraw this petition with a liberty to move before the Jharkhand High Court. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty. Harish (S.N. Hussain, J.)