Sujit Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18013 of 2017 =========================================================== Sujit Kumar, S/o Brij Bihari Singh (Prop. of M/s Satyam Construction) R/o Village + PO - Adhiwakta Nagar, W. N. - 14, P.S. - Gopalganj, District - Gopalganj. .... .... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Engineer-in-Chief, Urban Development Department, Patna.

3. The Chief Engineer, Urban Development Department, Patna.

4. District Magistrate, Gopalganj.

5. The Superintending Engineer (Urban Development Department), Gopalganj.

6. The Executive Engineer (Urban Development Department), Gopalganj.

7. The Assistant Engineer (Urban Development Department), Gopalganj.

8. The Junior Engineer, (Urban Development Department), Gopalganj. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Harendra Prasad, Advocate. For the Respondents : Mr. Yogendra Prasad Sinha, AAG-7 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 15-05-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. This matter has been taken up out of turn on the request of learned counsel for the petitioner for payment of his outstanding dues.

3. Learned counsel for the petitioner submits that pursuant to agreement Nos. 10F2/2015-16 and 8F2 of 2016-17 entered into between the respondent-District Urban Development Authority, Gopalganj, the petitioner completed the work in question against which final bill for Rs. 8,73,029/- has not been paid.

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

Patna High Court CWJC No.18013 of 2017 dt.15-05-2018 2/2

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 Executive Engineer (Urban Development Department), Gopalganj (Respondent No. 6) with a fresh representation for redressal of his 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/- (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 25.05.2018 Transmission Date N.A.