Anand Construction, Forbesganj v. The State Of Bihar And ORS

Patna High Court CWJC No.18267 of 2017 dt.09-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18267 of 2017 =========================================================== Anand Construction, Forbesganj, through its proprietor Pawan Kumar Singh, Son of Late Ram Sharan Singh, Resident of Village Majhua, P.S.- Forbesganj, District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Secretary-cum-Commissioner, Urban Development & Housing Department, Government of Bihar, Patna.

3. The Joint Secretary, Urban Development & Housing Department, Government of Bihar, Patna.

4. The Superintendent Engineer, Town Development Scheme, (DUDA) Urban Development & Housing Department, Government of Bihar, Patna.

5. The Executive Engineer, District Urban Development Agency, Araria.

6. The Executive Committee, Nagar Parished, Forbesganj, District- Araria.

7. The Executive Officer, Forbesganj Nagar Parishad, Araria. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7,Adv For the Resp. Nagar Parishad : Mr. Rakesh Kr. Saurabh, Adv For the State : AC to GA 3 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 09-03-2018 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 contractual dues of the petitioner.

3. Learned counsel for the petitioner submits that having completed the work allotted by memo no. 6 dated 06.06.2015 issued under the signature of the Executive Officer, Forbesganj Nagar Parishad, Araria, (Respondent No. 7) the bills for Rs. 13,10,713/- remains outstanding for payment.

Patna High Court CWJC No.18267 of 2017 dt.09-03-2018

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 the consent of the parties this writ petition is disposed of with a direction to the Executive Officer, Forbesganj Nagar Parishad, Araria, (Respondent No. 7) to consider and dispose of the petitioner's representation (Annexure-9), if still pending, within a period of six weeks from the date of receipt/production of a copy of this judgment.. 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. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 14.03.2018 Transmission Date NA