Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4547 of 2020 ====================================================== RAM KUMAR Son of late Dhandev Ray, Resident of Village- Pandeh, P.S. Paroo, District- Muzaffarpur.

... ... Petitioner

Versus

1.

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

2.

The Secretary, Building Construction Division, South Bihar, Bihar, Patna. 3.

The District Magistrate, Muzaffarpur 4.

The Superintending Engineer, Building Division, Muzaffarpur. 5.

The Executive Engineer, Building Division, Muzaffarpur. 6.

The Accountant, Building Division, Muzaffarpur. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Pradhan Murli Manohar, Adv.

Mr.Raju Kumar, Adv.

Md. Rauza Al Zahir, Adv.

For the Respondents :

Mr.Sushil Kumar (Gp22) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2020 The present writ petition has been filed seeking following reliefs :- "(i) To issue an appropriate order/s direction/s including a writ preferably in the nature of mandamus commanding and directing upon the respondents to make the payment of admitted dues of the petitioner amounting to Rs. 7,07,015/-- (Rupees Seven Lacs Seven thousand and fifteen) only in lieu of works completed by the petitioner within time against contract agreement No. 262 F2/2018-19 entered with the petitioner and respondent No. 5 for Submersible Motor & Boring Work (6 Nos.) in the campus of

Patna High Court CWJC No.4547 of 2020(2) dt.06-03-2020 2/3 Sadar Hospital at Muzaffarpur.

(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 submits that the petitioner would approach the respondent No. 5 i.e. The Executive Engineer, Building Division, Muzaffarpur for redressal of his aforesaid grievance, hence, he be granted liberty to do so.

The present writ petition stands disposed of with liberty to the petitioner to approach the respondent No. 5 i.e.

The Executive Engineer, Building Division, Muzaffarpur for redressal of his aforesaid grievances and in case appropriate representation is filed within a period of four weeks from today, the same shall be disposed of within a period of six weeks thereafter, and in case any admitted outstanding dues are found payable, the same shall be paid within a further period of six weeks, therefrom.

Patna High Court CWJC No.4547 of 2020(2) dt.06-03-2020 3/3 Accordingly, the writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) K.K.RAO/- U