M/S Krishnawati And Sons v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8492 of 2017 ===========================================================

1. M/s Krishnawati & Sons, a Proprietorship firm through its Proprietor Namely bal Krisna Pandey @ Anil Kumar Pandey S/o Sri S.N. Pandey Resident of MohallaSheopuri, Flat no. 401, Chandralok Apartment Sheopuri, District and in the town of Patna, Patna-23.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Old Secretariat, Govt. of Bihar.

2. The Secretary, Building Construction Department, Vishweshwaraiya Bhawan, Bailey Road, Patna.

3. The Principal Secretary, Department of Energy , Govt. of Bihar, Patna.

4. The Engineer Chief Engineer(Electrical), Building Construction, Department, Vishweshwaraiya Bhawan, Bailey Road, Patna

5. The Superintending Engineer, Electrical work Circle, Building Construction, Department, Vishweshwaraiya Bhawan, Bailey road, Patna.

6. The Electrical Executive Engineer, Electric Work Division No. 1, South Bailey Road, Building Construction Department, Patna.

7. The Treasury Officer, Patna Treasury , Collecteriate, Patna.

8. The Treasury officer, Sachiwaliya Treasury, Nirman Bhawan, Bailey Road, Patna.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shankar Dayal Singh For the State : Mr. Ravi Bhardwaj, AC to GA13 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 22-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present writ petition, petitioner has claimed for payment of gross amount of Rs.9,69,748/ but after statutory deduction as per petitioner he is entitled to Rs. 8,43,682/-. A tender was invited for renovation remodeling with

Patna High Court CWJC No.8492 of 2017 dt.22-08-2017 addition and alteration to E.G.M. R.S.B. building and floor at PMCH, Patna. Petitioner was selected and accordingly he has entered into an agreement vide Agreement No. F2 72 2015-16 dated 7.7.2015. As per petitioner he has completed the work but payment has not been made. He has placed reliance on letter dated 14.9.2015 written by the Electrical Executive Engineer to Chief Electrical Engineer, Building Construction Department, Government of Bihar. The money was also transferred to the treasury but there is dispute between Secretariat Treasury and Treasury Patna petitioner is moving as shuttle clock without any success.

In such view of the matter, petitioner is directed to file a detailed representation before the Principal Secretary, Building Construction Department, Government of Bihar who will examine the case of the petitioner and if it is found that he is entitled to the aforesaid amount he must ensure payment within eight weeks from the date of decision but if he is not agreeable to the claim of the petitioner, Principal Secretary will be obliged to give notice to the petitioner and after hearing he will pass a reasoned order. All process will be completed within a period of four months from the date of filing of the representation.

Patna High Court CWJC No.8492 of 2017 dt.22-08-2017 With the aforesaid observation and direction this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.8.2017 Transmission Date NA