Chandramani Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5703 of 2016 ====================================================== Chandramani Ram son of late Bhuwneshwar Ram resident of Mohalla Ishakchak Shivpuri Colony, Post Office and Police Station Ishakchak, District Bhagalpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Secretary, Minor Water Resources Department, New Secretariat Building, Bailey Road, Patna - 3.

The Chief Engineer, Minor Water Resources Department, Bhagalpur. 4.

The Superintending Engineer, Minor Irrigation Circle, Bhagalpur. 5.

The Executive Engineer, Minor Irrigation Division, Bhagalpur. 6.

The Executive Engineer, Sichai Mechanical Division, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lalan Kumar Singh For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-11-2019 Counsel for the petitioner submits that he is entitled to adjustment of amount of Rs 5,29,424.25/- as he has submitted all vouchers in respect thereof.

It is submitted that claim for adjustment in detail has been made by Annexure 10 to the rejoinder dated 27.06.2016. Copy of rejoinder has been served on counsel for the State on 25.04.2017. Till date they have not placed on record what action has been taken by Executive Engineer, Minor Division, Bhagalpur in the said claim of the petitioner. When the matter is called out there is none to

Patna High Court CWJC No.5703 of 2016(2) dt.21-11-2019 2/2 represent the State.

Since claim is pending before respondent no.5, issue has to be examined with reference to vouchers and records as to whether petitioner is entitled to adjustment of the said amount. In the circumstance, no adjudication is called for by this court. Writ petition is therefore, disposed of with direction to respondent no.5 (Executive Engineer, Minor Division, Bhagalpur) to pass reasoned and speaking order in respect of claim raised in Annexure 10 dated 27.06.2016. Order and consequential benefit, if found should be passed and steps should be taken to conclude the issue within three months from the date of receipt/production of a copy of this order. Writ petition stands disposed of.

(Madhuresh Prasad, J) s.hassan/- U