Lal Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2112 of 2024 ====================================================== Lal Jha, Son of Mahesh Nath Jha, Resident of Mohalla Kabraghat, Darbhanga, Police Station LNMU Compus, District Darbhanga. ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Rural Work Department, Visheshwarya Bhawan, Bailey Road, Patna.
2. The Chief Engineer - 3, Rural Work Department, Visheshwarya Bhawan, Bailey Road, Patna.
3. The Addl. Chief Executive Officer, Rural Work Department, Visheshwarya Bhawan, Bailey Road, Patna.
4. The Superintending Engineer, Rural Work Department, Visheshwarya Bhawan, Bailey Road, Patna.
5. The Executive Engineer, Rural Work Department, Visheshwarya Bhawan, Bailey Road, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kripanand Jha, Adv.
For the Respondent/s :
Mr.Standing Counsel 16 Mr. Promod Kr. Singh, AC to Sc 16 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 22-07-2024 Heard the parties.
2. The present writ petition is filed for the following relief(s):- " i) For issuance of an appropriate direction, order or writ in the nature of Mandamus commanding the respondents to pay the cost of extra material and extra work taken from the petitioner out of the Agreement for the repair of the ChampaLaxmipur and N.H. to Jadaha Tole road under the Agreement dated 21.09.2020, which comes to the tune of Rs. 19,09,665 + 2,79,325/-. The respondent concerned after completing the repair work by this petitioner had revised the work and
Patna High Court CWJC No.2112 of 2024(4) dt.22-07-2024 2/3 estimated cost vide letter dated 22.06.2021 by which the earlier estimate under head 3654 was taken but the difference amount for extra work taken by this petitioner under revised estimate has not been paid till date.
i) For any other relief or reliefs to which the petitioner is found entitled to in the facts and circumstances of the case."
3. Without going into the merits or demerits of the case, the present writ petition is disposed of directing the petitioner to give a suitable representation along with the all necessary documents to the Respondent No. 2, i.e, the Chief Engineer, Rural Works Department, Visheshwarya Bhawan, within a period of four weeks from today. On receipt of the representation of the petitioner, the Respondent No. 2 shall consider the same strictly in accordance with law duly taking into consideration the representation along with the documents submitted by the petitioner. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order.
4. It is needless to mention that before passing any order the petitioner shall be given an opportunity of hearing. Any order passed shall be communicated to the petitioner. In case the authorities comes to the conclusion that the claim made
Patna High Court CWJC No.2112 of 2024(4) dt.22-07-2024 3/3 by the petitioner is genuine, they shall make necessary arrangement for payment of the admitted dues.
5. With the above directions, the present writ petition stands disposed off.
(A. Abhishek Reddy , J) Bhardwaj/- U