Gautam Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8739 of 2018 ====================================================== Gautam Kumar S/o Sri Radheshyam Singh, Resident of Village- Bharat Patti, P.S.- Hathauri, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Urban Development & Housing Department, Government of Bihar, Patna 2.

Commissioner, Tirhut Division, Muzaffarpur.

3.

Assistant Municipal Commissioner, Muzaffarpur Municipal Corporation Nagar Nigam, Muzaffarpur.

4.

Executive Engineer, M.M.C. Nagar Nigam, Muzaffarpur. 5.

Junior Engineer, M.M.C. Nagar Nigam, Muzaffarpur. 6.

Accountant, M.M.C. Nagar Nigam, Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K., Advocate For the State :

Mr. Yogendra Prasad Sinha -AAG 7 For the Respondent :

Mr Awadhesh Kumar, Advocate Nos. 3 to 6 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 28-07-2025

1. The writ petition is filed for the following relief(s):

"(i) For issuance of a writ in the nature of "Mandamus" commanding the respondent authorities to make the payment of Rs. 1,41,410.00 + Rs. 72,621.00 + Rs. 76,100.00 Total Rs. 2,90,131/- (Two lacs Ninety thousand one hundred thirty one) including Bank interest upon the said amount immediately against the works done by him in the year 2008-09 on the basis of three

Patna High Court CWJC No.8739 of 2018 dt.28-07-2025 2/3 tenders as Tender nos. -16/TWF/2008, 39/TWF/2008 & 40/TWF/2008 and for any other relief for which the petitioner is legally entitle."

2. At the outset, the learned counsel for the petitioner submitted a representation dated 17.08.2017 (Annexure-4) was filed before the Commissioner, Tirhut Division, Muzaffarpur, for redressal of his grievance. However, till date, no decision has been taken on the said representation. Therefore, he prayed for a direction to the Commissioner, Tirhut Division, Muzaffarpur, to consider and dispose of the said representation.

3. A detailed counter affidavit was filed by respondent Nos. 3 to 6. However, no document was brought on record about any decision taken on the petitioner's representation (Annexure-4).

4. Therefore, without going into the merits or demerits of the case, this writ petition is disposed of with a direction to the Divisional Commissioner, Tirhut Division, Muzaffarpur, to consider the petitioner's representation dated

Patna High Court CWJC No.8739 of 2018 dt.28-07-2025 3/3 17.08.2017 and take a decision in accordance with law after granting a reasonable opportunity of hearing to all the concerned parties

5. The entire exercise shall be completed within a period of three months from the date of receipt/production of a copy of this order.

6. With the above observation, the writ petition stands disposed of.

7. Interlocutory Application(s), if any, shall stand disposed of.

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.07.2025 Transmission Date