Saurabh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4973 of 2019 ====================================================== Saurabh Kumar Son of Amar Kumar Mishra, Resident of Village Purani Thakurbari, P.S. Banka, District- Banka.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Nagar Vikash and Awas Department, Bihar, Patna.

2.

The Chief Engineer, Nagar Vikash and Awas Department, Bihar, Patna. 3.

The Superintending Engineer, Nagar Vikash and Awas Department, Bihar, Patna.

4.

The Executive Engineer, Shahri Vikas Abhikaran, Banka. 5.

Sub Divisional Cum Administrator, Nagar Parishad , Banka. 6.

The Karyapalak Padhatikari, Nagar Parishad, Banka. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiwesh Chandra Mishra, Advocate For the Respondent/s :

Mr.Subhash Prasad Singh (Ga3) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-07-2019 Petitioner in this case is aggrieved by in action on the part of the respondent no. 6 is not taking any action towards settlement of the bills for the work rendered so far by the petitioner. The petitioner claims that the Junior Engineer, Banka prepared the bill after verification of works of the petitioner and the Executive Engineer has also approved the same. Half of the works were already completed but despite such approvals up-to the stage of Executive Engineer, the respondent no. 6 has not made payment of the bill amount.

Learned counsel for the State is present, however, it is

Patna High Court CWJC No.4973 of 2019(2) dt.29-07-2019 2/2 submitted that the matter relates to Nagar Parishad, Banka. In the given facts and circumstances of the case, the respondent no. 6 is directed to look into the grievance of the petitioner as contained in letter dated 05.01.2019 (Annexure '4') to the writ application and consider the same on the basis of the materials available on the record. If the bills of the petitioner are found payable, the same must be paid within a period of 30 days from the date of receipt/production of a copy of this order but in case the respondent no. 6 is of the view that the bills are not payable for any reason, he would communicate the reason thereof to the petitioner and the petitioner will be at liberty to seek his remedy in accordance with law. Let it be made clear that this Court has not gone into the merit of the claim and it is left open for the respondent no. 6 to take appropriate view of the matter and a decision thereon in accordance with law within a period of 30 days from the date of receipt/production of a copy of this order.

This writ application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) vats/ved U