BHARAT MISHRA v. THE STATE OF JHARKHAND, THROUGH THE CHIEF ENGINEER, MINOR IRRIGATION DEPARTMENT
Arb. Appeal/2/2024 · 2026-01-14
Arun Kumar Rai
body2026
DailyLaw.ai
[ 2026 DAILYLAW 14598 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14598 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:933
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THE HIGH COURT OF JHARKHAND AT RANCHI
Arb. Appeal No. 02 of 2024 ----- Bharat Mishra, aged about 70 years, son of Ram Rikhi Mishra, Civil Contractor, resident of village Dumariyan, Bulia Road, Sasaram, P.O. Jaipur and P.S. Sasaram, District Rohtas, State of Bihar- 821 301
… … … Appellant Versus
1. The State of Jharkhand, through the Chief Engineer, Minor Irrigation Department, Ashoknagar, P.O. Doranda, P.S. Argora, District Ranchi- 834 002
2. The Superintending Engineer, Minor Irrigation Circle, Chaibasa, P.O. and P.S. Chaibasa, District Singhbhum West- 833 201.
3. The Executive Engineer, Minor Irrigation Division, Chakradharpur, P.O. and P.S. Chakradharpur, District West Singhbum- 833 102.
… … … Respondents
-------
CORAM: HON’BLE MR. JUSTICE ARUN KUMAR RAI ------- For the Appellant : Mr. Siddharth Jyoti Roy, Advocate For the Respondents : Mr. Gaurav Raj, A.C. to A.A.G.-II ------
Order No. 08/Dated 14th January, 2026
I.A. No. 10551 of 2025
1. Mr. Gaurav Raj, learned A.C. to A.A.G.-II, does not want to press the instant interlocutory application.
2. Accordingly, instant interlocutory application, being I.A. No. 10551 of 2025 is dismissed as not pressed. Arb. Appeal No. 02 of 2024
3. Mr. Siddharth Jyoti Roy, learned counsel for the appellant is present before this Court and has made submission that he wants to withdraw the present Arbitration Appeal with a liberty to file before District & Additional Sessions Judge, West Singhbhum at Chaibasa.
4. Such submission has been made in presence of learned A.C to A.A.G. - II for the State.
5. It transpires from clause ‘b’ of the notification being File No. B/Vidhi-Court Gathan-Ka- 02/2016- 1137/(J) dated 06th
2026:JHHC:933
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June, 2022 that the instant arbitration appeal is not maintainable before this Court and it has to be filed before the District & Additional Sessions Judge, having Commercial Appellate Jurisdiction. Therefore, the appellant is permitted to withdraw the instant appeal.
6. Accordingly, the present appeal being Arb. Appeal No. 02 of 2024 is dismissed as withdrawn with the liberty to the appellant to file the appeal before the appropriate forum.
(Arun Kumar Rai, J.)
14.01.2026 Umesh /Abhishek