Arun Kumar v. The Vice Chancellor, Magadh University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1652 of 2019 ====================================================== Arun Kumar S/o Late Virendra Prasad Resident of C/o Tejnarayan Singh, Late Rambali Singh, Murari Bhawan, 13-B, Rajendra Nagar, P.s.-Kadamkuan, Distt.-Patna ... ... Petitioner

Versus

1. The Vice Chancellor, Magadh University and Ors Bodh Gaya, Gaya

2. The Registrar Magadh University, Bodh Gaya, Gaya

3. The Junior/Assistant Engineer Magadh University, Bodh Gaya, Gaya

4. The Principal Ganga Devi Mahila Mahavidyalaya, Patna-20 ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Respondent/s :

Mr.Syed Firoz Raza ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-02-2019 This writ application has been preferred for a direction to the respondents to make payment of the dues amount of the petitioner for the tender work of development of laboratory and other works in Ganga Devi Mahila Mahavidyalaya, which is a constituent Unit of Magadh University, Bodh Gaya.

From the narration of facts it appears that total agreement amount of the work was Rs. 4,61,865/- out of which petitioner admits to have received a sum of Rs. 3,20,000/-. The work was completed, according to the petitioner, in the year 2008 itself. Now he claims that a sum of Rs. 1,41,865/- is lying due till date and despite several representations the same has not been paid to the petitioner.

No one appears on behalf of the State.

Patna High Court CWJC No.1652 of 2019(2) dt.06-02-2019 2/2 Considering the pleadings available on the record of the writ petition, this court finds that this Writ Application has been filed for a pure and simple money claim after more than 11 years from the date of completion of work. This being the position, in the opinion of this court, a Writ Application cannot be maintained at this stage when all other remedies have become barred by limitation. Moreover, it is well settled that the writ jurisdiction is not meant for adjudication of the pure and simple money claim.

This writ application has, thus, no merit, it is dismissed, accordingly.

(Rajeev Ranjan Prasad, J) Rajeev/- U