Pankaj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4865 of 2021 ====================================================== Pankaj Kumar Singh Son of Sri Vijay Kumar Singh, Resident of Mohalla - Udakishunganj Dohatwari, Dohatwari Ward No. 03, P.O. and P.S. - Kishanganj, District - Madhepura 852220.

... ... Petitioner

Versus

1.

The State of Bihar through the Secretary, Building Construction Department, Vishweshwaraiya Bhawan, Bailey Road, Patna - 15 2.

The Secretary, Building Construction Department, Vishweshwaraiya Bhawan, Bailey Road, Patna - 15 3.

The Engineer-in-Chief, Building Construction Department, Vishweshwaraiya Bhawan, Bailey Road, Patna - 15 4.

The Chief Engineer (North), Building Construction Department, Vishweshwaraiya Bhawan, Bailey Road, Patna - 15. 5.

The Superintending Engineer, Building Construction Department, Building Circle, Saharsa.

6.

The Executive Engineer, Building Construction Department, Building Division, Madhepura.

7.

The District Magistrate, Madhepura.

8.

The Principal Secretary/Additional Chief Secretary, Revenue and Land Reforms, Govt. of Bihar, Bihar, Patna.

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

For the Petitioner/s :

Mr. Manish Sahay, Adv.

For the Respondent/s :

Mr. Uday Shankar Sharan Singh ( GP-19 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) Date : 02-08-2022 The petitioner has filed the present application for directing the respondents-State to pay admissible amount relating to work, namely, "Construction of Model Rajswa Gram Kachahari Bhawan at Udakishunganj Block in Madhepura

Patna High Court CWJC No.4865 of 2021 dt.02-08-2022 2/3 District for the year 2016-2017". The petitioner has further prayed for directing the respondents to pay interest at the rate 12% per annum upon the admitted amount from the date it became due till the date of its realization.

2.

Vide order dated 21.04.2022, the Chief Secretary, Bihar was directed to examine the petitioner's claim and the stand which is taken by the various departments of the State of Bihar including the District Magistrate, Madhepura and file affidavit in this regard. Pursuant to the aforesaid order dated 21.04.2022 passed by this Court, the petitioner has been paid Rs. 7,67,524/- towards the payment of the due bill. 3.

Mr. Uday Shankar Singh, learned counsel appearing for the State submitted that since the due amount of the petitioner has already been paid, the writ petition has become infructuous.

4.

In reply, the learned counsel for the petitioner submitted that the payment was belatedly made to the petitioner after six years. He contended that the petitioner is also entitled to interest over the delayed payment.

5.

Be that as it may, we dispose of the writ petition with liberty to the petitioner to seek appropriate remedy under the ordinary civil law for the redressal of his grievance so far as

Patna High Court CWJC No.4865 of 2021 dt.02-08-2022 3/3 the payment of interest over the delayed payment of the due amount is concerned.

(Ashwani Kumar Singh, J) ( Shailendra Singh, J) rohit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05-08-2022 Transmission Date NA