Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 7214 of 2021 ====================================================== Abhishek Kumar Son of Rabindra Kuamr Singh R/o Abhiyapur, Back Side of Sakuntala Cinema Hall, P.S.-Ahiyapur, District-Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Building Construction Department Bihar, Patna.

2.

The Chief Engineer, Building Division, North Bihar, Patna. 3.

The District Magistrate, Muzaffarpur.

4.

The Superintending Engineer, Building Division, Muzaffarpur Circle, Muzaffarpur.

5.

The Executive Engineer, Building Division, Muzaffarpur 6.

The Accountant, Building Division, Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raju Kumar, Advocate For the Respondent/s :

Mr. Subodh Kumar (AC to SC 26) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-09-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

The present writ petition has been filed seeking the following reliefs :- "(i) To issue an appropriate order/s, direction/s including a writ preferably in the nature of Mandamus commanding and

Patna High Court CWJC No.7214 of 2021(2) dt.23-09-2021 2/3 directing upon the respondents to make the payment of admitted dues of the petitioner amounting to Rs. 1,73,172/- (Rs. One lac Seventy three thousand One hundred and seventy two only) in lieu of works completed by the petitioner within time against contract entered into the petitioner and respondent no. 5 vide agreement no. 21F2/2019-20 for repair and painting (with Raising) of Boundary wall for Bazar Samiti, Ahiyapur at Muzaffarpur on the eve of Parliamentary election-2019.

(ii) To direct the respondents to make the payment of aforesaid admitted dues of the petitioner hence forthwith which has been wrongly and illegally withheld by the respondents.

(iii) To direct the respondents to make the payment of penal interest on the aforementioned dues to the petitioner on account of delay and latches on the part of the respondents."

The learned counsel for the petitioner, at the outset, seeks liberty to approach the respondent no. 5 for redressal of his aforesaid grievances.

The learned counsel for the respondent- State Mr.

Patna High Court CWJC No.7214 of 2021(2) dt.23-09-2021 3/3 Subodh Kumar ( AC to SC 26 ) has got no objection. Accordingly, the present writ petition stands disposed of as not pressed, however with liberty to the petitioner to file appropriate representation before the respondent no. 5 i.e. the Executive Engineer, Building Division, Muzaffarpur regarding redressal of his aforesaid grievances and in case, such a representation is filed within a period of four weeks from today, appropriate orders shall be passed thereon, in accordance with law, within a period of eight weeks, thereafter. (Mohit Kumar Shah, J) rinkee/- U