Usha Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5343 of 2019 ====================================================== Usha Devi W/o Surendra Yadav R/o Vill.- Chakki Lakshuman Dera, P.O.- Charakhi, Distt.- Buxar.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors Through the Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna. 2.

The Chief Engineer Housing Division, Buxar.

3.

The Executive Engineer Housing Division, Buxar. 4.

The District Magistrate Buxar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashwini Kumar Rai For the Respondent/s :

Mr. S. Raza Ahmad (Aag5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-02-2024

1. Heard the parties.

2. The present writ application has been filed for a direction to the respondent to pay the bill amount to the petitioner to the tune of Rs. 2,08,994/- for construction of helipad and barricading Kila Maidan, Buxar.

3. Learned counsel for the petitioner submits that work order was given to the petitioner by respondent No. 3. On 03.11.2017, the petitioner successfully completed the work as per the estimate provided by the respondent and submitted his bill of Rs. 2,08,994/- but the same has not been paid since 02.08.2018. A counter affidavit has been filed by the respondents stating therein that the petitioner

Patna High Court CWJC No.5343 of 2019(4) dt.21-02-2024 2/2 has neither annexed a copy of the fitness certificate of the work and has also not mentioned the date of submission of bill due to which the concerned respondent/authorities are trying to collect the relevant papers relating to work done. After examining the work, in question, and verifying the claim of the petitioner, the payment shall be made if the claim is found correct and genuine.

4. After having heard learned counsel for the parties and taking into consideration the nature of dispute, the petitioner is directed to furnish a copy of the bill before respondent No. 3 within a period of one month. If the copy of the bill is submitted by the petitioner, respondent No. 3 shall be obliged to verify and examine the same and if the claim of the petitioner is found correct, the admitted dues, against the bill amount, shall be paid to the petitioner within a period of eight weeks from the date of submission of the bill.

(Anil Kumar Sinha, J) HarshPandey/- U