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Patna High CourtCWJC/2765/2024disposed

M/S Astha And Saumya Construction v. The State Of Bihar

2024-04-19Mr. Justice A. Abhishek Reddy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2765 of 2024 ====================================================== M/S Astha And Saumya Construction At P.O.- Bhairwar, District- Begusarai, through its Partner Sunil Kumar, male, aged about 47 years, S/O- Chandra Bhushan Prasad Singh, R/O- Bhairwar, Ward No.- 03, P.O. and P.S.- Bhairwar, District- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary Rural Works Department, Government of Bihar, Patna.

2.

The Additional Chief Secretary-cum-Secretary, Rural Works Department, Government of Bihar, Patna.

3.

The Engineer-in-Chief, Rural Works Department, Government of Bihar, Patna.

4.

The Chief Engineer-2, Rural Works Department, Government of Bihar, Patna.

5.

The Superintending Engineer, Rural Works Department, Work Circle, Madhepura.

6.

The Executive Engineer, Rural Works Department, Work Division, Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Ranjan, Advocate For the Respondent/s :

Mr.Additional Advocate General 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 19-04-2024 Learned counsel appearing on behalf of the petitioner is permitted to change the nomenclature of Respondent No. 2 as "the Additional Chief Secretary-cum-Secretary, Rural Works Department, Government of Bihar, Patna" in place of "the Additional Chief Secretary, Rural Works Department, Government of Bihar, Patna.

2. Learned counsel appearing on behalf of the petitioner has stated that after completion of the works entrusted

Patna High Court CWJC No.2765 of 2024(2) dt.19-04-2024 2/3 to the petitioner, the petitioner has submitted the bills but till date the same has not been paid. Learned counsel has stated that the petitioner has given representations dated 26.10.2023, 01.12.2023 and 18.12.2023 and a direction may be given to the authority concerned to consider the same and make the necessary payments in accordance with law.

3. Learned counsel appearing on behalf of the respondents has stated that he has no objection if a direction is given to the concerned authority to consider the representation made by the petitioner strictly in accordance with law.

4. Having regard to the above made submissions, the present CWJC is disposed of directing the Respondent No. 2 herein to consider the representations made by the petitioner as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. In case the claim of the petitioner is found to be genuine, the Respondent No. 2 shall take necessary steps for making the payment of the amount due to the petitioner. In case the authority concerned rejects the claim of the petitioner, he shall pass a reasoned order, giving reasons for the same.

5. It is needless to mention that before passing any orders, the petitioner shall be given an opportunity of hearing.

Patna High Court CWJC No.2765 of 2024(2) dt.19-04-2024 3/3 Any order passed shall be communicated to the petitioner.

6. With the above directions, the present CWJC is disposed of.

(A. Abhishek Reddy , J) Bhardwaj/- U