Patna High Court
Reliable Infra Services Private LimitedversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
Holding
The writ petition is dismissed as infructuous, but the petitioner is at liberty to invoke the arbitration clause.
Summary
Reliable Infra Services Private Limited filed a civil writ petition before the Patna High Court challenging actions of the State of Bihar and its officials. The petitioner later informed the Court that the petition had become infructuous and sought permission to invoke the arbitration clause contained in the contract with the respondents. The Court examined the submission and held that, since the petition was no longer operative, it could be dismissed. However, the Court clarified that the petitioner remains free to pursue any other effective legal remedy, including arbitration, as per the contractual agreement. All pending applications, if any, were ordered to stand disposed.
Issues considered
- Whether the writ petition has become infructuous and can be dismissed.
- Whether the Court can grant liberty to the petitioner to invoke the arbitration clause.
Subjects
- civil writ jurisdiction
- infructuous petition
- arbitration clause
- remedies
- contractual dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20647 of 2025
======================================================
Reliable Infra Services Private Limited through its Authorized Signatory Sri
Abhimanyu, Male, aged about 35 Years, Son of Chandranath Mishra R/O-
Barauni, 3, P.S.- Teghra, Barauni, P.O.- B. Deorhi, District Begusarai. Bihar-
851113 at present Head- Project Monitoring, having its registered office at
1A, First Floor, Kamta Ramsakhi Enclave, Besides Dayanand Boys School,
Mithapur- Khagaul Road, Mithapur, P.S.- Jakkanpur, Patna, Bihar (800001).
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Urban Development and Housing
Department, Government of Bihar, Patna.
2. The Secretary Urban Development and Housing Department, Government
of Bihar, Patna.
3. The Nodal Officer, Swach Bharat Mission (Urban 2.0) Urban Development
and Housing Department, Patna.
4. The Project Officer-cum-Additional Director, Swach Bharat Mission (Urban
2.0) Urban Development and Housing Department. Patna.
5. The Deputy Secretary Swach Bharat Mission (Urban 2.0). Urban
Development and Housing Department, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ujjwal Raj, Advocate
For the Respondent/s : Mr.S.D.Sanjay, A.G.
Mr. Rahul Kumar, AC to AG
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
3 06-07-2026 Learned counsel for the petitioner submits that the
present writ petition has become infructuous and further seeks
liberty to invoke arbitration clause.
2. In view of the aforesaid submission, the present
writ petition stands dismissed as having become infructuous.
Patna High Court CWJC No.20647 of 2025(3) dt.06-07-2026
2/2
3. However, it is made clear that, if so advised, the
petitioner shall be at liberty to avail of any other efficacious
remedy available under law, including invocation of the
arbitration clause.
4. Pending application(s), if any, shall stand disposed
of.
(Sudhir Singh, J)
(Ranjan Kumar Jha, J)
Sujit/-
U
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