Created by Fuzzy Cloud

Patna High Court

Ravindra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is not maintainable and the petitioner must approach the Bihar Public Works Contract Disputes Arbitration Tribunal under Section 9.

Summary

The petitioner, Ravindra Kumar, completed the construction of the Link Road to Dih Tola under a contract dated 04-05-2020 and sought the remaining payment of Rs.1,32,033 for the work and Rs.2,21,778 for maintenance of FY 2021-24. The respondents contended that the petitioner executed extra work without approval, exceeded the sanctioned quantities, failed to perform certain items, and did not maintain the road properly, thereby justifying the withholding of the amounts. They also argued that the petitioner had an alternative remedy under Section 9 of the Bihar Public Works Contract Disputes Arbitration Tribunal Act. The High Court observed that the matters involved factual disputes unsuitable for a writ petition and that the statutory arbitration mechanism must be invoked. Consequently, the Court disposed of the writ petition, directing the petitioner to approach the arbitration tribunal within four weeks, leaving the merits to be decided there.

Issues considered

  • Whether a writ petition for payment of pending contract dues is maintainable when factual disputes exist and an alternative arbitration remedy is available under Section 9 of the Bihar Public Works Contract Disputes Arbitration Tribunal Act.
  • Whether the High Court can grant mandamus directing payment despite the existence of a statutory arbitration mechanism.

Subjects

  • contract payment
  • public works
  • arbitration
  • writ petition
  • mandamus
  • maintenance
  • MMGSY
  • alternative dispute resolution

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.806 of 2025
                 ======================================================
                 Ravindra Kumar S/o Mahendra Yadav, Resident of Village- Bariyahi, P.S.-
                 Semariya Ghat, District- Begusarai.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through its Principal Secretary, Rural Works Department,
                 Govt. of Bihar, Patna.
           2.    The Principal Secretary, Rural Works Department, Govt. of Bihar, Patna.
           3.    The Engineer-in-Chief, Rural Works Department, Govt. of Bihar, Patna.
           4.    The Chief Engineer- 3, Rural Works Department, Bhagalpur.
           5.    The Nodal Officer, MMGSY Rural Works Department, Govt. of Bihar,
                 Patna.
           6.    The Superintending Engineer, Rural Works Department, Circle Begusarai.
           7.    The Executive Engineer, Rural Works Department, Work Division,
                 Begusarai.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Shashi Bhushan Singh, Adv.
                 For the Respondent/s   :        Mr. Standing Counsel (9)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

9   16-02-2026                    Heard the learned counsel for the parties.

                                 2. This writ petition has been filed for the following

                   relief(s):-

                                                       “(1) For issuance of an appropriate
                                            writ in the nature of MANDAMUS, commanding
                                            and directing the respondents to make payment
                                            Rs. 1,32,033/- rest amount of work done by the
                                            petitioner, as admitted by the respondent in view
                                            of measurement etc. and respondent no.7 has
                                            requested for release of fund Rs 24,15,606/- and
                                            same was provided even then aforesaid amount
                                            has not paid and further a direction to pay
Patna High Court CWJC No.806 of 2025(9) dt.16-02-2026
                                            2/4




                                  maintenance amount for financial year 2021-22,
                                  2022-23 and 2023-24 of Road under MMGSY
                                  (SC) namely Link Road to Dih Tola bearing
                                  tender ID No. 85463 under Begusarai district.
                                               (II) For payment of aforesaid dues
                                  with interest as due to evasive attitude of the
                                  respondent the petitioner is suffering.”



                      3. Learned counsel appearing on behalf of the

          petitioner submits that the petitioner pursuant to the agreement

          dated 04.05.2020 has completed the work assigned to him i.e.

          Link Road to Dih Tola. Learned counsel submits that the total

          value of the contract was approximately Rs. 24,15,606/- and the

          petitioner was also entrusted with the work of maintaining the

          said road for a period of 2021-22, 2022-23 and 2023-24

          however the authorities have released an amount of Rs.

          22,83,573/- but the balance amount of Rs. 1,32,033/- and the

          maintenance amount of Rs. 2,21,778/- is yet to be released.

          Learned counsel submits that the petitioner has submitted all the

          necessary documents in support of his case but the authorities

          have not paid the same.

                      4. In the counter affidavit filed by the respondents, a

          specific stand has been taken that the petitioner was entrusted

          with the work of laying Link Road for a distance of only 0.350

          Kms. but the petitioner has executed 40 meters extra length
Patna High Court CWJC No.806 of 2025(9) dt.16-02-2026
                                            3/4




          without any approval. Further, it is stated that the petitioner has

          executed 234.00 M3 of Item No. 8 of BOQ i.e. Cement

          Concrete Pavement whereas the sanction was only for 214.20

          M3 as per the approved BOQ. That the additional work executed

          by the petitioner i.e. 19.80 M3 does not have any approval from

          the competent authority. Further, it is specifically averred that

          the petitioner has not done any work in respect of item no. 9 of

          the BOQ i.e. the Hard Shouldering amount to Rs. 1,28,094/-.

          Further, it is stated that on inspection of the work done by the

          petitioner it was found that the maintenance of the work was not

          being done properly and the same in a dilapidated condition.

          That in spite of making several requests to the petitioner to

          remove the defects pointed out by the inspection team, the

          petitioner till date has not done the same. Learned counsel

          submits that the payment of the amounts for the work already

          done which was approved has already been paid to the petitioner

          and the present writ petition is liable to be dismissed on the

          ground that the petitioner is having an alternative and effective

          remedy of approaching the Bihar Public Works Contract

          Disputes Arbitration Tribunal under Section 9 of the Act.

          Learned counsel, therefore, prays this Hon’ble Court to dismiss

          the present writ petition.
             Patna High Court CWJC No.806 of 2025(9) dt.16-02-2026
                                                         4/4




                                   5. Admittedly as per the pleadings there are number of

                       disputed questions of fact which cannot be gone into in the

                       present writ petition, therefore, this Court is not inclined to

                       entertain the same. Further, it is to be noted that the petitioner is

                       having an alternative and effective remedy of approaching the

                       Bihar Public Works Contract Disputes Arbitration Tribunal

                       under Section 9 of the Act.

                                   6. Having regard to the same, the present writ petition

                       is disposed of granting liberty to the petitioner to approach the

                       the Bihar Public Works Contract Disputes Arbitration Tribunal

                       within a period of four weeks from today. If any application is

                       made by the petitioner before the arbitration tribunal, the same

                       shall be considered on its own merits in accordance with law.

                                   7. With the above directions, the present writ petition

                       stands disposed of.



                                               (A. Abhishek Reddy , J)
Gauravkr/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.