Birendra Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4515 of 2020 ====================================================== 1.1. Mosamat Premsheela Devi wife of Late Birendra Prasad Yadav, resident of Village and P.O.- Rajopatti, Sitamarhi, District- Sitamarhi. 1.2. Sri Kartik Kumar son of Late Birendra Prasad Yadav, resident of Village and P.O.- Rajopatti, Sitamarhi, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Road Construction Department, Govt. of Bihar, Vishweshraiya Bhawan, Bailey Road, Patna. 2.

The Principal Secretary, Road Construction Department, Govt. of Bihar, Vishweshraiya Bhawan, Bailey Road, Patna.

3.

The Engineer-in-Chief, Road Construction Department, Govt. of Bihar, Vishweshraiya Bhawan, Bailey Road, Patna.

4.

The Chief Engineer (Traffic), North Bihar Wing, Road Construction Department, Government of Bihar, Patna.

5.

The Superintending Engineer, Road Construction Department, North Bihar Circle, Muzaffarpur.

6.

The Executive Engineer, Road Construction Department, Road Division, Sitamarhi.

7.

The Assistant Engineer, Road Construction Department, Road Sub-Division, Sursand, Sitamarhi.

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

For the Petitioner/s :

Mr.Raj Kishore Prasad, Advocate For the Respondent/s :

Mr.Uday Shankar Saran Singh ( Gp19 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 28-04-2022 Admittedly, the contract was in between the deceased petitioner and the respondents. Since the petitioner has expired, no cause of action survives. There is no provision for assignment, however the petitioner apprehends that the outstanding dues may not be paid by the respondents.

Patna High Court CWJC No.4515 of 2020(4) dt.28-04-2022 2/2 It is made clear that if there are any outstanding dues, the respondents shall calculate the same and pay to the petitioner at the earliest, in any case, not later than four weeks. In case, there is any further delay in making payment, the amount, if any, shall attract an interest @ 8% per annum. (Rajan Gupta, J) ( Mohit Kumar Shah, J) rinkee/- U