Subhash Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3543 of 2017 =========================================================== Subhash Kumar S/o Ram Ekbal Singh, Resident of Village Madhukar Chapra, P.O. - Sain, P.S. - Kanti, District - Muzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar through the Additional Secretary-cum- Engineer in Chief, Building Construction Department, Bihar, Patna.

2. The Superintending Engineer, Building Construction Department, Darbhanga Circle, Darbhanga.

3. The Executive Engineer, Building Construction Department, Building Division, Madhubani.

4. The District Programme Officer, Planning and Accounts, Madhubani. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Pradhan Murli Manohar Prasad, Mr. Pramod Kumar Singh, Mr. Raju Kumar, Advocates For the Respondents : Mr. Jitendra Kumar, AC to AAG11 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 30-11-2017 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.

3. Learned counsel for the petitioner submits that despite completing the construction work relating to +2 Government Teknath High School Kapileshwar Asthan, the petitioner has yet to receive the amount of Rs. 2,55,531/-.

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 consent of the parties this writ petition is disposed

Patna High Court CWJC No.3543 of 2017 dt.30-11-2017 2/2 of, granting liberty to the petitioner to approach the Superintending Engineer, Building Construction Department, Darbhanga Circle, Darbhanga (Respondent No. 2) with a fresh representation for redressal of his 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) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 02.12.2017 Transmission Date N.A.