/ @ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH Coram : HON’BLE SHRI RAJEEV GUPTA, C.J. 3 HON’BLE SHRI SUNIL KUMAR SHNHA, J. WRIT PETITION (C) No. 1350 OF 2009 PETITIONER Rakesh Kumar Sharma, son of Shri Moolchand Sharma, aged about 37 years, resident of Viiiage Bagicha, Tahsii Bagicha, District Jashpurnagar (CG) Versus RESPONDENTS 1. State of Chhattisgarh through the Secretary, Department of Rurat Engineering Services, D.K.S. Bhawan, Raipur (CG) 2. The Executive Engineer, Rurai Engineering Services, Jashpur Division, Jashpur. 3. The Engineer ln-charge, Rural Engineering Services, Jashpur Division, Jashpur 4. The Sub Divisionai Officer, Rurai Engineering Services, Bageecha, District Jashpur. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA Present: Ms, SharmiiatSinghai, learned counsei for the petitioner. Shri Kishore Bhaduri, learned Additional Advocate General for the State/respondents. (>Ei ORDER (06m March, 2&9) The following order of the Court was passed by Rajeev Gupta, C.J. : Shri Kishore Bhaduri, learned Additional Advocate General has raised a preliminary objection about the maintainability of the ~ QM writ petition on the ground that the writ petition involves disputed questions of fact; the petitioner has an alternative remedy of invoking Arbitration Ciause in the agreement; and to approach the Madhyastham Adhikaran for arbitration. 2) Ms. Sharmiia Singhai, learned counsel for the petitioner, in View of the above preliminary objection, seeks permission to withdraw the writ petition with the liberty of availing the other remedies, which may be available to the petitioner under the agreement and the relevant provisions of law. 3) Permission granted. 4) With the above liberty, the writ petition is dismissed as withdrawn. l Sd/— Sunil Kumar Sinha ,‘ Sd/- Judge f Chief Justice