Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 5508 of 2019 ====================================================== Rakesh Kumar, aged about 48 years (Male), Son of Rampravesh Kumar, Resident of Village- Kodarkatta, Post Varji, P.S.- Motipur, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Rural Works Department, Government of Bihar, Visheshwaraiya Bhawan, Bailey Road, Patna. 2.

The Engineer in Chief, Rural Works Department, Government of Bihar, Visheshwaraiya Bhawan, Bailey Road, Patna.

3.

The Superintending Engineer Cum Nodal Officer, State Yojna, Rural Works Department, Patna.

4.

The Chief Engineer-I, Rural Works Department, Visheshwaraiya Bhawan, Bailey Road, Patna.

5.

The District Magistrate, Muzaffarpur.

6.

The Executive Engineer, Rural Works Department, Works Division Muzaffarpur West, District- Muzaffarpur.

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

For the Petitioner/s :

Mr. Pradhan Murli Manohar Prasad, Advocate For the State :

Mr. P. N. Shahi, AAG 6 Mr. Raju Kumar Goswami, AC to AAG 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 30-05-2019 Heard learned counsel for the petitioner and learned AC to AAG-6 for the State.

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

" That this is 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

Patna High Court CWJC No.5508 of 2019 dt.30-05-2019 2/3 petitioner amounting to Rs. 4,99,000/- (Rupees Four Lacs Ninety Nine Thousand) only along with interest on the ground of delay and latches on the part to the Respondents taking into the consideration that he has completed the work within stipulated period of time of construction of R.C.C. Bridge in Near Kodarkatta Nauniya Barh under MMGSNY for the year 2016-17.

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. The contention of the petitioner is that even after constructing RCC bridge near Kodarkatta Nauniya Barh under MMGSNY for the year 2016-17, the remaining dues of Rs. 4,99,000/- is still not being paid to him by the respondents. It was submitted that work has also been tested and found satisfactory and accordingly, payment was made of Rs. 6,82,246/- out of the total amount of Rs. 11,61,246/- in the year 2016, but since then, the remaining amount has not been paid.

4. Learned counsel for the State submitted that the petitioner shall be paid the dues upon verification of the actual work done.

5. Having considered the aforesaid, the writ petition stands disposed off with a direction to the respondents no. 5 and 6 to ensure that whatever remaining dues is permissible and admissible to the petitioner, after due verification of the actual work done by him for the contract in question, if already not paid,

Patna High Court CWJC No.5508 of 2019 dt.30-05-2019 3/3 is paid to him within two months from the date of production of a copy of this order before them.

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