NARAYAN ROY, S.N.JHA
Binod Kumar Srivastava – Appellant
Versus
State Of Bihar – Respondent
S.N.Jha, J.
1. The petitioner, a contractor, seeks mandamus for payment of his so called outstanding bills. He had come to this Court earlier in C.W.J.C. No. 5 of 1992 (R) for the same very relief, which was disposed of on 6-1-1992 in the following terms:
In exercise of our jurisdiction under Article 226 of the Constitution of India, no writ of mandamus can be issused and the remedy of the petitioner is to raise grievance before the higher authorities which, we are sure, shall receive due consideration.
If the petitioners are still not paid their bills, the remedy of the petitioner would be either to enforce the arbitration agreement, if any, or to file a suit.
This application is permitted to be withdrawn as prayed for.
This writ application was filed on 19-2-1992 stating that pursuant to the aforesaid orders of this Court the petitioner filed representation on 10-1-1992 but no orders were passed by the concerned respondents. The writ application came up for preliminary hearing at the stage of admission on 5-3-1992 and was disposed of with a direction to respondents 3 and 4 to make payment of the pending bills, said to have been passed on 30-9-1989 itself, as expeditiously
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