Binay Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7164 of 2017 =========================================================== Binay Kumar, Son of late Ram Sagar Singh, Resident of Mohalla:- Kautilya Nagar (Near A.G. Colony), P.O. + P.S.:- Shastri Nagar, Patna- 23. .... .... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Building Construction Department "Vishweshwaraiya Bhawan", Bailey Road, Patna- 15.
2. The Engineer-in-Chief, Building Construction Department, "Vishweshwaraiya Bhawan", Bailey Road, Patna- 15.
3. The Chief Engineer (Patna), Building Construction Department "Vishweshwaraiya Bhawan", Bailey Road, Patna- 15.
4. The Superintending Engineer, Building Construction Department, South Bihar Circle, Patna-23.
5. The Executive Engineer, Building Construction Department, Gardanibagh, Building Division, Patna- 15.
.... .... Respondents =========================================================== Appearance :
For the Petitioner/s : Mr. Manish Sahay, Adv. Mr. Anil Kumar Sinha, Adv.
For the Respondent/s : Mr. Shashi Shekhar Kr. Prasad, A.C. to P.A.A.G.-2 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 04-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is making a prayer for payment of Rs. 2,73,638/- as he has done the work of repairing of road no.1 A.D. Office at Bihar Vetenary College, Patna. The estimated cost of the work was Rs.5,47,471/-. It has been submitted by learned counsel for the petitioner that though the completion of work has been approved by the Engineer-in-Charge, but only 50% of the bill amount has been
Patna High Court CWJC No.7164 of 2017 dt.04-07-2017 2/2 paid to the petitioner till date and rest amount has not been paid. Let the petitioner file a proper application before the Principal Secretary, Building Construction Department, Government of Bihar, Patna. If such an application is filed, the Principal Secretary, Building Construction Department, shall consider the same and take decision in accordance with law. If it is found that the petitioner in fact has carried out the work in terms of the work order and is entitled for the rest amount, then the same will be paid to him without unnecessary delay. The entire exercise should be completed by the Principal Secretary, Building Construction Department, within a period of three months from the date of filing of application by the petitioner.
With the aforesaid observations and directions, this writ application is disposed of.
(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.
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