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Judgment
10 paragraphs · 319 wordsPetitioner has prayed for the following relief(s):
“(I) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities for payment of admitted dues of the petitioner against the work done by the petitioner for sealing work of doors and windows of Ex-Kamla Girls High School, Dumra in Sitamarhi District for putting E.V.M. of Assembly Election, 2020.
(II) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to pay the aforesaid amount with statutory as also the pendentelite interest as the petitioner had invested the huge amount for discharging the said work after raising it from the open market and for which the petitioner is bound to pay the interest for the money borrowed by it.
(III) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case.”
After the matter was heard for some time, finding the Court not in favour of the submissions made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if the petitioner is permitted to withdraw the present petition, with liberty to initiate appropriate proceedings before the appropriate forum and to take recourse to such other alternate remedies which are equally efficacious in law.
Prayer allowed.
It is open for the petitioner to approach respondent No. 4, namely the Superintending Engineer, Building Construction Department, Building Circle, Muzaffarpur, more so in view of the Litigation Policy of the State as also the the mandatory provisions, as contained in the Code of Civil Procedure.
The petition is disposed of as withdrawn with the liberty aforesaid.
It stands clarified that all issues of fact and law are left open to be agitated by the competent authority.
Interlocutory application(s), if any, shall also stand disposed of.