Luxmi Construction And Electrical Works v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8693 of 2017 ===========================================================

1. Luxmi Construction & Electrical Works, Ward no. 20, House no. 395, Luxmipur, Siswan Road, Siwan,Bihar- 841226 through its attorney Chandradeep Singh son of late Girdhari Singh Resident of Village- Pahlejpur, P.S. Goria kothi, DistrictSiwan. .... .... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

2. The Special Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

3. The District Magistrate, Kaimur.

4. The Executive Officer, Nagar Parishand, Bhabhua, District- Kaimur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Nikesh For the State : Mr. Zaki Haider, AC to SC-9 =========================================================== 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 case, petitioner is seeking relief for payment of Rs.7,67,808/-.

The petitioner was allotted work vide letter no. 586 dated 23.8.2014. The work order was in two parts. One part relates to street light and another part relates to supply of wire. Learned counsel for the petitioner submits that petitioner has been paid for the work done of street light but payment of supply of wire has not been paid. Petitioner filed a bill amounting to Rs.7,67,808/- vide Bill No.79/14/15 dated 9.2.10`5. It also appears that petitioner has requested the Executive

Patna High Court CWJC No.8693 of 2017 dt.22-08-2017 Officer, Nagar Parishad, Bhabhua for payment but payment has not been made.

In such view of the matter, petitioner is directed to file a detailed representation before the Executive Officer, Nagar Parishad, Bhabhua and the Executive Officer will be obliged to get it verified whether wire which has been loaded for wiring is as per specification mentioned in the work order and if it is found that wire as per specification has been done then Executive Officer will be obliged to make payment of admitted dues but if the Executive Officer is not agreeable he will be obliged to pass a speaking order in accordance with law. All process should be completed within a period of four months form the date of filing of the representation.

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