M/S Umesh Engineering Company v. State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1802 of 2019 ====================================================== M/s Umesh Engineering Company through its Proprietor Sri Ajay Kumar Singh, son of Sri Ranjeet Singh, resident of Village- Nachap, Post- Nachap, P.S. Manjhi, Distt. Saran at Chhapra, Bihar ... ... Petitioner/s

Versus

1. State Of Bihar through the Principal Secretary, Department of Energy, Govt. of Bihar, Patna

2. North Bihar Power Distribution Company Limited through its General Manager, Vidyut Bhawan, Bailey Road, Patna

3. Dy. General Manager(Human Resources), North Bihar Power Distribution Company, Vidyut Bhawan, Bailey Road, Patna

4. Electrical Superintending Engineer, Supply Circle, Saran at Chhapra.

5. Electrical Executive Engineer, Supply Division, Siwan

6. Accounts Officer, Electric Supply Division, Siwan ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yashraj Bardhan, Adv.

For the Respondent/s :

Mr. Vinay Kirti Singh, Sr.Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-02-2019 Heard learned counsel for the petitioner and learned senior counsel representing the North Bihar Power Distribution Company Limited assisted by Mr. Vijay Kumar Verma, learned advocate. Learned counsel for the State is also present. The limited grievance of the petitioner is that his legal entitlement of 10% of total billed amount for the manpower supplied by him at Mairva for operation and management of electric works under Electric Supply Division, Siwan in North Bihar Power Distribution Company Limited is not being paid. Learned senior counsel representing the North Bihar Power Distribution Company Limited submits that in the nature

Patna High Court CWJC No.1802 of 2019(2) dt.14-02-2019 2/2 of the grievance raised before this Court, it would only be just and proper for the petitioner to approach the Superintending Engineer, Electric Supply Circle, Chapra who may be directed to look into the grievance of the petitioner in terms of the agreement which he had entered into in respect of supply of manpower and then in case it is found that the petitioner is legally entitled to get the money/amount, the same shall be paid to the petitioner within a reasonable time.

Taking note of the aforementioned submissions of learned counsel for the parties, this Court directs the petitioner to submit his request before the Superintending Engineer afresh within a period of 15 days from today who will examine the claim of the petitioner within a period of 60 days from the date of submission of his claim and in case it is found that the claim of the petitioner is correct for the work done by him, the same shall be paid to the petitioner within a maximum period of 90 days from the date of submission of his claim. The writ application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) arvind/- U