IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5095 of 2011 M/S BRAJENDRA KUMAR, AT & P.O. BRAHMAPURA, DISTRICT- MUZAFFARPUR, THROUGH ITS PARTNER SUDEEP KUMAR, S/O LATE BRAJENDRA KUMAR, RESIDENT OF NEW COLONY, BEHIND SANJAY CINEMA, MUZAFFARPUR. ……PETITIONER . Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY- CUM-COMMISSIONER, ROAD CONSTRUCTION, DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. THE ENGINEER-IN-CHIEF CUM ADDITIONAL COMMISSIONER CUM SPECIAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE CHIEF ENGINEER, NORTH BIHAR SUB-DIVISION, DARBHANGA, ROAD CONSTRUCTION DEPARTMENT, GOVT, OF BIHAR, PATNA. 4. THE EXECUTIVE ENGINEER, ROAD CONSTRUCTION DEPARTMENT, ROAD DIVISION, MADHUBANI. 5. THE SUPERINTENDENT ENGINEER, ROAD CONSTRUCTION DEPARTMENT, ROAD CIRCLE, DARBHANGA. 6. THE EXECUTIVE ENGINEER, NATIONAL HIGH WAY DIVISION, JAI NAGAR, MADHUBANI. ….RESPONDENTS. ----------- 06. 12.05.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging order dated 03.02.2011 (Annexure-1) by which the Executive Engineer, Road Construction Department, Road Division, Madhubani (respondent no.4) has directed Executive Engineer, National Highway Division, Jainagar, (respondent no.6) to recover the amount taken by the petitioner as advance in connection with Agreement No. ISBD/2006-07 for the works done by the petitioner in that division. 3. Learned counsel for the petitioner submits that he has already filed an application before the Chairman Bihar Public Works - 2 - Contract Dispute Arbitration Tribunal, Bearing Tribunal Case No. 15 of 2011. Hence after some argument learned counsel for the petitioner seeks permission to withdraw this writ petition in order to approach the tribunal to restrain the authorities from taking any coercive action against him in view of the impugned order. 4. In the said circumstances, this writ petition is disposed of as withdrawn with a liberty to the petitioner to file an interlocutory application before the tribunal. If such an application is filed by the petitioner before the tribunal within 15 days from today the tribunal shall consider the matter and decide it within one month thereafter in accordance with law. Till then the parties shall maintain status quo. Devendra/ (S.N.Hussain, J.)