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Patna High CourtCWJC/1045/2025disposed

Kumar Rabish Chandra @ Kumar Ravichandra v. The State Of Bihar

2025-02-18Mr. Justice A. Abhishek Reddy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1045 of 2025 ====================================================== Kumar Rabish Chandra @ Kumar Ravichandra, male, aged about 59 years, S/o Surendra Prasad Yadav, R/o Panchayat-Lagar, Village-Badi Lagar, P.O.- Lagar, P.S.-Parbatta, District-Khagaria (Proprietor). ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Rural Works Department, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Rural Works Department, Government of Bihar, Patna.

3.

The Secretary, Rural Works Department, Government of Bihar, Patna. 4.

The Engineer in Chief, Rural Works Department, Government of Bihar, Patna.

5.

The Joint Secretary, Rural Works Department, Government of Bihar, Patna. 6.

The Chief Engineer-2, Rural Works Department, Government of Bihar, Patna.

7.

The Superintending Engineer, Rural Works Department, Work Circle, Saharsa.

8.

The Executive Engineer, Rural Works Department, Work Division, Gogri. 9.

The Senior Treasury Officer, Construction Building, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Ranjan, Advocate.

For the Respondent/s :

Mr. Standing Counsel (18).

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 18-02-2025 Heard learned counsel for the parties.

2. The present writ petition is filed for the following relief(s):- "(i) For directing and commanding the responding authorities for making payment of the work done and successes fully completed by the petitioner to the satisfaction of respondent authorities pursuant to agreement no. 18 SBD/21-22 to the satisfaction of the

Patna High Court CWJC No.1045 of 2025(2) dt.18-02-2025 2/3 respondent authorities (Name of the workPermanent Restoration of Road from L032NH-31 to Malia (Package No. BR-17R-061) under FDR (PMGSY) amounting to Rs.

18,82,524/- along with interest.

(ii) For making payment of entire amount of the work done by the petitioner along with penal interest @ 18% from date it became dues till actual date of payment.

(iii) For making payment of cost of litigation taking into consideration the fact that after completion of the work allotted to the petitioner payments have not been made to the petitioner, on one pretext or the other (due to paucity of funds and other reasons) and because of paucity of funds the petitioner was unable to complete other works which was allotted to him on time and hence the petitioner has been compel to approach before this Hon'ble Court."

3. Learned counsel appearing on behalf of the petitioner has stated that the petitioner may be permitted to give a representation duly ventilating his grievance along with the necessary documents before the Respondent No. 2, i.e., the Additional Chief Secretary, Rural Works Department, Government of Bihar, Patna and the Respondent No. 2 may be directed to consider the same in accordance with law.

4. Learned counsel appearing on behalf of the respondents has stated that he has no objection if a direction is given to the petitioner to give a representation before the Respondent No. 2 and the Respondent No. 2 may be directed to consider the said representation in accordance with law.

Patna High Court CWJC No.1045 of 2025(2) dt.18-02-2025 3/3

5. Having regard to the above made submissions, the present writ petition is disposed of at the stage of admission. The petitioner is permitted to give a representation ventilating his grievance to the Respondent No. 2, i.e., the Additional Chief Secretary, Rural Works Department, Government of Bihar, Patna within a period of three weeks from today. On receipt of the said representation, the Respondent No. 2 shall consider the same strictly in accordance with law.

6. In case the authorities comes to the conclusion that the claim made by the petitioner is genuine, they shall make necessary arrangement for payment to the petitioner. However in case the authority come to the conclusion that the representation of the petitioner does not merit any consideration, the authorities shall pass a reasoned order giving the reason for rejecting the claim. The entire exercise shall be completed as expeditiously as possible preferably within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above directions, the present writ petition stands disposed of.

(A. Abhishek Reddy, J) shakir/- U