Ramji Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7708 of 2016 ===========================================================

1. Ramji Prasad Son of Late Ram Lakhan Mahto Resident of Mohalla - Mathuria, Arya Samaj Gali, Neeraj Bhawan Biharsharif, P.S. Laheri District Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate, Nalanda.

3. The In Charge District Magistrate Janshikaya Koshang Nalanda District Nalanda.

4. The Deputy Development Commissioner-cum-Chairman, Zila Jal and Swachhta Samittee, Nalanda.

5. The Executive Engineer, Public Health Division Biharsharif-Cum-Member, Zila Jal and Swachhata Samittee, Nalanda, District Nalanda.

6. The Block Development Officer, Biharsharif, District Nalanda. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Bipin Bihari Singh, Mr. Pankaj Kumar For the State : Mr. Kamlesh Kishore, AC to SC 12 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 27-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present writ petition, petitioner makes a prayer for release of bill for the construction of toilets in the School under Nirmal Bharat Abhiyan.

Work was allotted under Nirmal Bharat Abhiyan Lohiya Swakshta Yojna for construction of toilets. Toilets were constructed by the N.G.O. of petitioner i.e. Indira Nari Kalyan Sewa Sansthan Kamruddinganj Biharsharif, Nalanda and after

Patna High Court CWJC No.7708 of 2016 dt.27-02-2017 completion of the same petitioner has placed his bill. Claim has been made that only partial amount has been paid rest amount is lying with the authority for payment for that petitioner had approached this Court vide C.W.J.C. No. 4852 of 2014 and the Court has disposed of the matter with the following order: "4. In the above view of the matter, this writ petition is disposed of with consent of the petitioner, granting him liberty to approach the Executive Engineer, Public Health Division Biharsharif-cum-Member Secretary Zila Jal and Swachhata Samittee, Nalanda, Dist. Nalanda (respondent no.5) with a fresh representation for redressal of his grievances.

If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of, ensuring payment to the extent found due to the petitioner, within a period of six weeks from the date of receiving the petitioner's representation. Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioner to receive payment together with simple interest at the rate of 9% per annum on the admitted dues calculated from the date when the amount became due till the date of its actual payment.

Patna High Court CWJC No.7708 of 2016 dt.27-02-2017 speaking order in that regard."

In pursuance thereof the authority has examined the claim of the petitioner and it was found that petitioner has attached the edited photograph of toilets of two Schools and on that account the bill which has been placed by the petitioner was not found to be entitled for the same.

These are disputed question of facts which cannot be looked into in the present proceeding. The petitioner, if so advised, may approach before the Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008. If such an application is filed the authority will decide the case of the petitioner on its merit, after giving proper hearing in accordance with law within a period of six months from the date of filing of the application. With the aforesaid observation and direction this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 2.3.2017 Transmission Date NA