Renu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4746 of 2024 ====================================================== Renu Devi, W/o Surendra Kumar Yadav, R/o Village- Chhit Baulia, P.S.- Manihari, District- Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Addl. Chief Secretary, Rural Works Department, Govt. of Bihar, Patna.

2.

The Secretary, Rural Works Department, Government of Bihar, Patna. 3.

The Chief Engineer-4, Rural Works Department, Government of Bihar, Patna.

4.

The Executive Engineer, Rural Works Department, Work Division, Manihari, District- Katihar.

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

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Adv.

Mr. Sanjeev Kumar Singh, Adv.

Ms. Dilkash Kumari, Adv.

For the Respondent/s :

Mr. Standing Counsel (28) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 14-02-2025 Heard the parties.

2. The present writ petition is filed for the following relief(s):- " I. For issuance of writ of mandamus and any other appropriate writ/writ, order/orders, direction/directions to the respondent's authority to pay the outstanding amount of the Petitioner to the tune of Rs. 09.196 lakhs which is lying in the coffer of the respondent's authority for the completed repairing work of the damaged road due to torrential rain & flood in the year 2021-2022, under P.M.G.S.Y. scheme under Manihari Division, Block - Manihari length 1.980

Patna High Court CWJC No.4746 of 2024(7) dt.14-02-2025 2/3 Klm. in the District - Katihar.

II. For further direction to pay the applicable interest @ 12% and cost for harassing and deliberately not paying the amount to the Petitioner from the pocket of the concerned authority who has deliberately and willfully withheld the payment, even though out of 157 Contractors, only the payment of the petitioner has been withholding.

III. For further direction to pass any other appropriate order/order, direction /directions in favour of the petitioner in the larger interest of natural justice."

3. Without going into the merits or demerits of the case, the present writ petition is disposed of at the stage of admission with the consent of both the parties. Having regard to the facts that the petitioner has already made representations dated 12.10.2022 and 18.09.2023 (Anneaxures P/3 and P/4 of the present writ petition respectively). The present writ petition is disposed of granting liberty to the petitioner to file a fresh representation along with the necessary documents, i.e, measurement book and any other documents to show that the work was allotted to the petitioner within a period of four weeks from today. On such representation being given, the authorities shall consider the same on its own merits and pass necessary orders. In case the claim made by the petitioner is found to be genuine, the authorities shall make necessary arrangement for

Patna High Court CWJC No.4746 of 2024(7) dt.14-02-2025 3/3 payment of the admitted dues. In case the authorities come to the conclusion that the claim made by the petitioner is liable to be rejected, they shall pass a reasoned orders giving the reasons for rejecting his claim.

4. It is needless to mention that before passing any order the petitioner shall be given an opportunity of hearing. Any order passed shall be communicated to the petitioner.

5. With the above directions, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Bhardwaj/- U