Mukesh Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11809 of 2017 ====================================================== Mukesh Kumar Son of Sri Mahesh Rai Resident of Village - Bhikhachak, Police Station - Gardanibagh, District - Patna Bihar. ... ... Petitioner/s
Versus
1.
The State Of Bihar through the Principal Secretary, Building Construction Department, Government of Bihar, Patna 2.
The Principal Secretary, Building Construction Department, Government of Bihar, Patna Bihar.
3.
The Superintending Engineer, South Bihar Circle, Building Construction Department, Rajbanshi Nagar, 4.
The Executive Engineer, Gardanibagh Building Division, Building Construction Department, Patna Bihar 5.
The Assistant Engineer, Gardanibagh Sub Division - 1, Building Construction Department, Patna Bihar 6.
The Junior Engineer, Gardanibagh Sub Division - I, Building Construction Department, Patna Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar, Advocate For the Respondent/s :
Mr. Divit Vinod, AC to SC 26 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 08-04-2025
1. Heard learned counsel for the parties.
2. The petitioner has filed the Writ petition for the following reliefs:
"i) For issuance of writ in the nature of mandamus or any other
2/4 appropriate writ for directing the Respondent to pay the pending bills of Petitioner as he has completed tender work namely Emergent / Minor Repair on Day to Day Basis of the building under Gardanibagh sub div-1, Patna for the year 2014-15, in pursuance of Agreement No. 351 F2/ 14-15 dated 22.11.2014, executed between the Petitioner and the Executive Engineer, Gardanibagh Building Division, Building Construction Department, Patna.
ii) For issuance of writ in the nature of mandamus or any other appropriate writ for directing the Respondents to pay 18% penal interest to the Petitioner on the pending bill amount for delay caused by the Respondent authority in payment of bills.
iii) For issuance of any other appropriate writ, order or direction which your Lordships may deem fit and proper in the facts and circumstances of the case.
3. At the outset, Learned counsel for petitioner contended that since this matter is
3/4 squarely covered under the order dated 13.04.2022 passed by a Division Bench of this Court in CWJC No. 3858 of 2022 (Nripendra Kumar Sinha Versus The State of Bihar & Ors.), this writ petition may also be disposed of on the same term and conditions.
4. Heard the learned counsel for the petitioner as well as the respondents.
5. In light of the aforesaid order passed in Nripendra Kumar Sinha (supra), the present writ petition is also disposed off in similar terms with a direction that the Respondents shall forthwith make payment of the admitted outstanding dues to be paid to the petitioner, in any case not later than four weeks from today. It is further directed that in case, any claim of the petitioner is disputed or does not find favour with the Respondent authorities, a reasoned order shall be passed within the same time frame and duly communicated to the petitioner.
6. Interlocutory Application(s), if any,
4/4 shall stand disposed of.
(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.04.2025 Transmission Date