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Patna High Court

Sanjeev KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed of at the admission stage, and the Bihar Public Works Contracts Disputes Arbitration Tribunal is directed to expedite the hearing of Reference Case No. 24 of 2022 and pass final orders within twelve weeks.

Summary

Sanjeev Kumar filed a civil writ petition in the Patna High Court challenging actions of several officials of the State of Bihar, including the Building Construction Department and the District Magistrate. The petition sought relief, but the court chose not to examine the merits of the case. Instead, the court disposed of the petition at the admission stage with the consent of both parties' counsel. The court noted that the Bihar Public Works Contracts Disputes Arbitration Tribunal is already functioning and has a pending Reference Case No. 24 of 2022. Accordingly, the court directed the Tribunal to expedite the hearing of that reference case and to pass final orders within twelve weeks of receiving the order. The court also ordered that any further orders be communicated after giving notice and an opportunity of hearing to the parties.

Issues considered

  • Whether the writ petition should be entertained on its merits
  • Whether the court should direct the arbitration tribunal to expedite the pending reference case

Subjects

  • Writ Petition
  • Arbitration Tribunal
  • Public Works
  • Expedition of proceedings
  • Admission stage disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5412 of 2026
                 ======================================================
                 Sanjeev Kumar, Son of Sri Satish Sharma, Resident of Village- Kodihara,
                 P.S.- Khizarsarai, District- Gaya.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through its Principal Secretary, Building Construction
                 Department, Bihar, Patna.
           2.    The Principal Secretary, Building Construction Department, Bihar, Patna.
           3.    The Joint Secretary, Building Construction Department, Bihar, Patna.
           4.    The Chief Engineer (South), Public Works Department, Bihar, Patna.
           5.    The Superintendent Engineer, Building Circle, Building Construction
                 Department, Gaya.
           6.    The Executive Engineer, Building Construction Department, Building
                 Division, Gaya.
           7.    The District Magistrate, Gaya, District- Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Sharda Nand Mishra, Adv.
                                               Mr. Deepak Kr., Adv.
                                               Mr. Anil Kr. Sinha, Adv.
                                               Mr. D. Kumar, Adv.
                 For the Respondent/s   :      Mr.Standing Counsel (09)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

3   28-04-2026                   Without going into the merits or demerits of the case,

                   the present writ petition is disposed of at the stage of admission

                   with the consent of both the counsels.

                                 2. Having regard to the fact that the Bihar Public

                   Works Contracts Disputes Arbitration Tribunal is functioning

                   and the Reference Case No. 24 of 2022 is pending before the

                   said Tribunal. The present writ petition is disposed of directing

                   the Bihar Public Works Contracts Disputes Arbitration Tribunal
             Patna High Court CWJC No.5412 of 2026(3) dt.28-04-2026
                                                         2/2




                       expedite the hearing of the Reference Case No. 24 of 2022 and

                       pass final orders as expeditiously as possibly preferably within a

                       period of 12 weeks from the date of receipt of a copy of this

                       order.

                                   3. It is needless to mention that before passing any

                       order, the petitioner as well as other contesting party shall be put

                       on notice and given an opportunity of hearing. Any order passed

                       shall be communicated to the party.

                                   4. With the above directions, the present writ petition

                       stands disposed of.



                                                          (A. Abhishek Reddy , J)
Bhardwaj/-

U


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