Phuldev Narain Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7483 of 2021 ====================================================== Phuldev Narain Singh Builtech Pvt. Ltd., Muzaffarpur through its Managing Director Ajay Kumar son of Late Phuldeo Narayan singh, Gender- Male, aged about 35 years, resident of Nirmala Bhawan (Near Prabhat Tara Girls School), Bhagwanpur, P.s.- Muzaffarpur, Sadar, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Minor Water Resources Department, Bihar, Patna 2.

Principal Secretary, Minor Water Resources Department, Bihar, Patna 3.

Chief Engineer, Minor Water Resources Department, Muzaffarpur 4.

Superintending Engineer (Headquarter) Monitoring, Minor Water Resources Department, Patna 5.

Superintending Engineer, Minor Irrigation Circle, Darbhanga 6.

Executive Engineer, Minor Irrigation Division, Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harshvardhan Shivsundaram For the Respondent/s :

Mr.Ajit Kumar (Ga9) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 17-02-2022 The matter has been heard via video conferencing.

The grievance of the petitioner is that despite the fact that he has executed the work for Minor Irrigation Circle, Darbhanga, but the payment has not been released to him. On the other hand, his claim has been rejected vide letter no. 220 dated 8.2.2021, even the refund of earnest money and

Patna High Court CWJC No.7483 of 2021(2) dt.17-02-2022 2/2 security deposits of the petitioner to the tune of Rs. 22.262 lakh has been stopped. According to him, there are no cogent reasons for rejecting the claim of the petitioner, hence, the action of the respondents is wholly arbitrary.

On due consideration of the matter, we remit the same to the Principal Secretary, Minor Water Resources Department, Bihar, Patna, for looking into the whole issue and even seeing as to whether the order dated 08.02.2021 suffers from any legal infirmity or otherwise. The Principal Secretary, Minor Water Resources Department, Bihar, Patna, shall pass a speaking order within a period of one month and the copy whereof shall be supplied to the petitioner forthwith. Till then, no coercive action shall be taken against the petitioner.

(Rajan Gupta, J) ( Mohit Kumar Shah, J) Ajay/- U