Akhilesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 4253 of 2019 ====================================================== Akhilesh Kumar aged about 41 Years (Male) Son of Surendra Singh, Resident of Village- Narangi Jagdish, P.O.- Kolwara, P.S. Saraiya, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

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

2.

The Engineer in Chief, Building Construction Department Bihar, Patna. 3.

The District Magistrate Muzaffarpur.

4.

The Executive Engineer, Building Division Muzaffarpur. 5.

The Assistant Engineer, Building Sub- Division No. 1 Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pradhan Murli Monohar Prasad and Mr. Raju Kumar Goswami, Advocates For the State :

Mr. Chitranjan Sinha, PAAG 2 Mr. Shailendra Kumar, AC to PAAG 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 29-05-2019 Heard learned counsel for the petitioner and learned AC to PAAG-2 for the State.

2. The petitioner has moved the Court for the following reliefs:

That this is an application for issuance of an appropriate writ order/orders, direction/s, writ/s including a writ preferably in the nature of Mandamus commanding and directing upon the respondents to make the admissible dues of the petitioner amounting to Rs. 2,62,977/- (Rupees Two Lacs Sixty two thousand Nine Hundred and Seventy Seven) only along with interest on the ground of delay and latches on the part to the Respondents

Patna High Court CWJC No.4253 of 2019 dt.29-05-2019 2/3 taking into the consideration that he has completed the work within stipulated period of time of Renovation of P.C.C. Road in the campus of Bariya Bus stand at Muzaffarpur for the year 2018-19. The petitioner seeks indulgence of this Hon'ble court to grant him any other relief/s to which the petitioner is entitled in the facts and circumstances of the case."

3. Learned counsel for the petitioner submitted that for having completed the work in terms of the order dated 21.06.2018, copy of which is Annexure-1 to the writ petition, the petitioner filed representation before respondent no. 4 on 18.09.2018 for payment of Rs. 2,62,977/-, which was the amount due and remaining to the petitioner after having completed the work within the stipulated period. It was submitted that when the same was not made, the petitioner again made a representation to the respondent no. 3 on 07.12.2018 and also on 02.01.2019, with regard to the remaining payment but till date, the same has not been made.

4. Learned counsel for the State submitted that the final payment can be made only after proper verification. However, he fairly submitted that for whatever work the petitioner has done and is admitted, the authorities are liable to pay for the same.

5. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court does not find any reason to keep the matter pending.

Patna High Court CWJC No.4253 of 2019 dt.29-05-2019 3/3

6. Accordingly, the writ petition stands disposed off with a direction to the respondent no. 4 to ensure that whatever amount is due and admissible to the petitioner, after proper verification, if not already paid, be paid to him expeditiously and latest within a period of four weeks from the date of production of a copy of this order before him.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T