Satya Enterprises v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17446 of 2017 =========================================================== Satya Enterprises having its registered office at Land Development Bank Building, Budh Marg, Patna- 800001 through its Proprietor Mayank Singh, Son of Mithilesh Kumar Singh, Resident of Shiv Puri Road No.1A, Ganesh Path, P.O.+P.S.- Shastri Nagar, District- Patna.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Principle Secretary, Rural Works Department, Government of Bihar, Patna.

3. The Engineer-in-Chief-cum-Special Secretary, Rural Works Department, Government of Bihar, Patna.

4. The Chief Engineer (Mechanical), Rural Works Department, Government of Bihar, Patna

5. Superintending Engineer, Rural Works Department, Siwan.

6. Executive Engineer, Rural Works Department, Work Division-1, Patna.

7. Administrative Officer, Bihar Rural Roads Development Agency (BRRDA), Budh Marg, Fraser Road, Patna.

.... .... Respondents =========================================================== Appearance:

For the Petitioner : Mr. Brisketu Sharan Pandey, Adv For the Respondents : Mr. AJAY -GA5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 26-03-2018 Heard learned counsel for the petitioner and learned Counsel for the respondents.

2. The present writ petition has been taken up out of turn on the request of learned counsel for the petitioner for disposal of the same with a direction to the respondents to pay the admitted dues of the petitioner and the petitioner sought payment of non-cleared bills/outstanding bills worth Rs. 1,15,090/- due to be paid to the petitioner towards completion of work issued through work order

bearing memo no. 1348 dated 15.11.2010 under the signature of Executive Engineer, Rural Works Department, Work Division I, Siwan for purchase of 10KVA Mahindra powered Silent DG Set, Single phase, Water Cooled on DGS&D rate.

3. Learned counsel for the petitioner submits that despite having made supply of DG sets pursuant to work order bearing memo no. 1348 dated 15.11.2010 (Annexure-P/1) an amount of Rs. 1,15,090/- remains outstanding for payment. The dues of the petitioner stands admitted in view of letter dated 06.05.2015 (Annexure-P/3).

4. Learned counsel for the respondents appears and has been heard.

5. Having regard to the nature of the grievances of the petitioner and with the consent of the parties this writ petition is disposed of, granting liberty to the petitioner to approach the Principal Secretary, Rural Works Department, Government of Bihar, Patna (Respondent No. 2) with a fresh representation for redressal of its grievances. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of, ensuring payment to the extent found due to the petitioner, within a period of six weeks from the date of receiving the petitioner's representation. Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioner to

receive payment together with simple interest at the rate of 6% per annum on the admitted dues calculated from the date when the amount became due till the date of its actual payment. In case the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be disposed of by a speaking order in that regard.

6. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 30.03.2018 Transmission Date NA