Archiplus Through Its Working Partner Mr. Ashesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12738 of 2017 =========================================================== Archiplus through its working partner Mr. Ashesh Kumar, Son of Late S.P. Shrivastava, Resident of Mohalla - New Punaichak, P.O. + P.S. - Shastrinagar, Patna - 23. Official Address - Mohalla Fraser Road, Dumraon Place, L-209-210, P.O., G.P.O., P.S.- Gandhi Maidan, Patna-1.

.... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Tourism Department, Government of Bihar, Old Secretariat, Patna-15.

2. The Dy. Secretary, Tourism Department, Government of Bihar, Old Secretariat, Patna-15.

3. The Additional Secretary, Tourism Department, Government of Bihar, Old Secretariat, Patna- 15.

4. Bihar State Tourism Development Corporation Ltd. (A Government of Bihar Undertaking) through its Managing Director, Hotel Kautilya, Birchand Patel Path, Patna-1.

5. The Managing Director, Bihar State Tourism Development Corporation Ltd. (A Government of Bihar Undertaking), Hotel Kautilya, Birchand Patel Path, Patna-1.

6. The Chief Engineer, Bihar State Tourism Development Corporation Ltd. (A Government of Bihar Undertaking), Hotel Kautilya, Birchand Patel Path, Patna-1.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Manish Sahay, Advocate For the Respondents : Mr. Umesh Kumar Roy, AC to GP 11 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 28-11-2017 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been taken up out of turn on the request of learned counsel for the petitioner for disposal of the same with a direction to the respondents to pay the admitted dues of the petitioner.

3. Learned counsel for the petitioner submits that despite completing the entire work of preparation of detailed project report in terms of the work order, the petitioner has yet to receive payment for the same.

Patna High Court CWJC No.12738 of 2017 dt.28-11-2017 2/2

4. Learned counsel for the respondents appears and has been heard.

5. Having regard to the nature of the grievances of the petitioner and with consent of the parties this writ petition is disposed of, granting liberty to the petitioner to approach the Principal Secretary, Tourism Department, Government of Bihar, Old Secretariat, Patna (Respondent No. 1) with a fresh representation for redressal of its grievances. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of, ensuring payment to the extent found due to the petitioner, within a period of six weeks from the date of receiving the petitioner's representation. Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioner to receive payment together with simple interest at the rate of 6% per annum on the admitted dues calculated from the date when the amount became due till the date of its actual payment. In case the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be disposed of by a speaking order in that regard.

6. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. B.T/Chandran (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 29.11.2017 Transmission Date N.A.