Hitendra Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4789 of 2020 ====================================================== Hitendra Kumar Mishra Son of Ram Bachan Mishra Prop. M/S Hitendra Kumar Mishra, Resident of Village and P.O.- Salahan, Paharpur, Police Station- Govindganj, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna.

2.

The Chief Engineer Bihar Urban Development Agencies, Urban Development and Housing Department, Govt. of Bihar, Patna. 3.

The Superintending Engineer Bihar Urban Development Agencies, Urban Development and Housing Department, Govt. of Bihar, Patna. 4.

The Executive Engineer DUDA, East Champaran, Motihari. 5.

The Executive Engineer BUDCO, East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhurendra Kumar For the Respondent/s :

Mr.Yogendra Prasad Sinha (AAG-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2020 Heard the learned counsel for the petitioner and the learned counsel for the respondents.

The petitioner prays for the following reliefs:- I. To pay the entire outstanding dues of the petitioner i.e. 17,11,770-00/- in respect to the Agreement No. 50F2/2015-16 and 01F2/2017-18 which was for construction of Nagar Sarkar Bhawan, Nagar Panchayat and its internal Electrification and PHED Supply which has already been completed within the stipulated period and has already been handed over the Nagar Panchayat, Areraj, East Champaran, on 15.09.2017.

II. To pay the entire outstanding dues of the

Patna High Court CWJC No.4789 of 2020(2) dt.06-03-2020 2/2 petitioner i.e. 17,11,770-00/- with respect to Agreement no. 50F2/2015-16 and 01F2/2017-18 with an interest @ 12% per annum from the date of completion of work or from the date of taken over by the department concerned."

The learned counsel for the petitioner submits that the petitioner would be approaching the respondent no. 5 i.e. the Executive Engineer, BUDCO, East Champaran, Motihari, for redressal of his aforesaid grievances and payment of the admitted outstanding dues, hence time be stipulated to consider the case of the petitioner and dispose off the same, in accordance with law. Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition with liberty to the petitioner to approach the respondent no. 5 and in case appropriate application is filed within a period of four weeks from today, the respondent no. 5 shall pass appropriate reasoned orders in accordance with law, within a period of eight weeks thereafter and in case any admitted outstanding dues are found payable, the same shall be paid within a further period of of six weeks therefrom. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U