M/S. Hemant Kumar Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.8616 of 2017 dt.03-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8616 of 2017 ===========================================================

1. M/s. Hemant Kumar Singh through its Proprietor Hemant Kumar Singh son of Late Shiv Mangal Singh resident of village Shivpuri, P.S. Buxar (Town), District - Buxar, Bihar.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Rural Works Department, Government of Bihar, Patna.

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

3. The Executive Engineer, Rural Works Department, Works Division, Bikramganj (Rohtas), District Rohtas, Bihar.

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

For the Petitioner/s : Mr. Prabhat Ranjan For the State : Mr. Raj Kumar Singh, AC to SC 7 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 03-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present case, petitioner is claiming that though he has already carried the work but payment of Rs.1,01,55,456/- along with statutory interest having not been paid by Secretary, Rural Works Department, Government of Bihar, Patna. It appears from the record that petitioner was allotted the work for the construction of the road from Dawath Kaw Nadi to Kedar Chauri Village in Package No. BR-28R-215 Under Pradhan Mantri Gram Sarak Yojna, accordingly later on work order was issued vide Letter No.73 dated 5.2.2015 and whereafter the parties

Patna High Court CWJC No.8616 of 2017 dt.03-08-2017 have entered into an agreement. As per agreement the work was to be completed within a period of 12 months and he has completed the work within time. The Quality Control Laboratories has certified the completion of work as per quality and specification but petitioner has not been paid the amount.

In such view of the matter, petitioner is directed to file a detailed representation to the Secretary, Rural Works Department, Government of Bihar, Patna along with supporting documents and Secretary will be obliged to consider the case of the petitioner and pay the admitted dues. If the Secretary arrives to a different findings, in such circumstances, he will be obliged to give notice to the petitioner and after hearing he will pass a reasoned order. All process should be completed within a period of two months from the date of filing of the representation. With the aforesaid observation and direction this writ petition is disposed of.

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