M.Y. Eqbal, J.

1. Heard the counsel for the parties on the question of maintainability of this writ application.

2. In the instant writ application filed under Article 226 of the Constitution of India the petitioner-State of Jharkhand seeks issuance of a writ directing respondent No. 2 retired Chief Engineer, not to proceed with the arbitration proceeding referred to him by respondent No. 1 in respect of the alleged dispute arose out of an agreement dated 12.3.1986 and also for quashing the entire arbitration proceeding initiated by respondent No. 2.

3. The facts of the case lie in a narrow compass :

Petitioners case is that by virtue of an agreement being No. L.C. B/3/85-86 dated 12.3.1986 entered into between the petitioner and respondent No. 1, work order was allotted to respondent No. 1 for excavation of Galudih Right Bank, Main Canal. The work was to be completed within 24 months i.e. by 13.3.1988. The period for completion of the work was time to time extended upto 30.6.1993. Petitioners further case is that the value of the work was Rs. 262.80 lacs and as against that, respondent No. 1 paid 318. 17 lacs but the work was not completed. Petitioners case is that inspite of