IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20219 of 2010 Kanak Kumar son of late Ramchandra Prasad Singh, resident of village Bikrampur, Police station Chalia Bariapur, District Begusarai, the partner of M/s Hari Construction. …..Petitioner. Versus 1. The State Of Bihar. 2. The Principal Secretary, Rural Works Department, Government of Bihar, Patna. 3. The Deputy Secretary, Rural Works Department, Government of Bihar, Patna. 4. The Chief Engineer, Rural Works Department, Government of Bihar, Patna. 5. The Superintending Engineer, Rural Works Department, Works Circle, Government of Bihar, Patna. 6. The Executive Engineer, Rural Works Department, Works Division, Government of Bihar, Patna. ……Respondents. For the petitioner:- Mr. Md. Shahid Siddiqui, A.C. to A.A.G.-IX. ----------- 6. 15.09.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for directing the respondents’ authorities to pay the revised rates for completion of the work which had been awarded to the petitioner through an open tender and for other ancillary reliefs. 3. It would transpire that in response to notice inviting tender, the petitioner also submitted his tenders and was selected and agreement between the petitioner and the respondent authorities was executed for construction of rural roads within the district of Patna. 4. It would further transpire that an un-connected person filed in CWJC No. 18794 of 2008 but he was found to be an unauthorized representative of contractor without any basis for the relationship and hence the said writ petition was 2 dismissed vide order dated 11.11.2009 (Annexure-4) treating it to be a proxy litigation for the petitioner of this writ petition. L.P.A. No. 1581 of 2009 challenging the said order was also dismissed by a Division Bench of this Court vide order dated 24.06.2010 (Annexure-5). 5. It further transpires that even after the aforesaid orders of this Court the authorities had issued letter dated 29.01.2010 (Annexure-7) series rejecting the claim of the petitioner, mainly on the ground that in CWJC No. 18794 of 2008, direction was given only to start the work and not with respect to any rate which the petitioner claimed in accordance with the terms of agreement. 6. After some arguments learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to approach the authorities concerned for arbitration of the claim raised by the petitioner. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty. 7. If such an application is filed by the petitioner within 15 days from today along with a copy of this order, the authority concerned shall look into the matter and initiate a proceeding of arbitration which should be decided expeditiously preferably within a period of six months. It may be noted that order dated 11.11.2009 passed in CWJC No. 18794 of 2008 and order dated 24.06.2010 passed in L.P.A. No. 1581 of 2009 will have no bearing on the said arbitral proceeding as they are with 3 respect to separate matter raised by un-concerned person whose claim was rejected by both the Courts. The arbitral proceeding shall also not be affected by order dated 07.09.2010 sent vide letter No. 2680 by the Chief Engineer-1, The Rural Works Department, Government of Bihar, Patna. Kamlesh (S.N. Hussain, J.)