Bharat Lal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4224 of 2024 ====================================================== Bharat Lal Chaudhary, aged about 43 years, (Male) S/o Deo Narayan Chaudhary, resident of village- Ladania, P.S. - Ladania, District - Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development Department, Bihar, Patna.

2.

The Town Commissioner, Muzaffarpur Municipal Corporation, Muzaffarpur. 3.

The Executive Engineer, Muzaffarpur Municipal Corporation, Muzaffarpur. 4.

The Assistant Engineer, Muzaffarpur Municipal Corporation, Muzaffarpur. 5.

The Junior Engineer, Muzaffarpur Municipal Corporation, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raju Kumar, Advocate.

For the Respondent/s :

Mr. Standing Counsel 25.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 18-11-2024 Heard the learned counsel for the parties.

2. This writ petition has been filed for the following relief(s):- "I. To issue an appropriate order/s, direction/s including a writ preferably in nature of Mandamus commanding and directing upon the respondents to make the payment of a sum of Rs. 2,75,278/- (Rupees Two Lacs Seventy Five thousand Two hundred and seventy Eight) only to the petitioner who has supplied the material in the construction work of Construction of R.C.C. Drainage culvert near Suita Nterprises or Maa Tara Enterprises in Ward No. 20 in Suta Patti Mohalla under M.M.C., Muzaffarpur in

Patna High Court CWJC No.4224 of 2024(7) dt.18-11-2024 2/3 the year, 2017.

II. To direct the respondents to make the payment of above mentioned admitted dues of the petitioner with penal interest on account of delay and latches on the part of respondents."

3. Learned counsel appearing on behalf of the petitioner has stated that after completion of the works entrusted to the petitioner, the petitioner has submitted the bills but till date the same has not been paid. Learned counsel has stated that the petitioner has given representation dated 05.10.2023 and a direction may be given to the authority concerned to consider the same and make the necessary payments in accordance with law.

4. Learned counsel appearing on behalf of the respondents has stated that he has no objection if a direction is given to the concerned authority to consider the representation made by the petitioner strictly in accordance with law.

5. Having regard to the above made submissions, the present CWJC is disposed of directing the Respondent No. 2 herein to consider the representations made by the petitioner as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. In case the claim of the petitioner is found to be genuine, the

Patna High Court CWJC No.4224 of 2024(7) dt.18-11-2024 3/3 Respondent No. 2 shall take necessary steps for making the payment of the amount due to the petitioner. In case the authority concerned rejects the claim of the petitioner, he shall pass a reasoned order, giving reasons for the same.

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

7. With the above directions, the present CWJC is disposed of.

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