Ajay Kumar Singh v. The Bihar State Building Construction Corporation,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4645 of 2023 ====================================================== Ajay Kumar Singh Son of Deo Kumar Singh Resident of Village and P.O. Dharampur, P.S.- Bikramganj, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

1.

The Bihar State Building Construction Corporation, Shastri Nagar, Patna, through the Managing Director.

2.

The Managing Director, Bihar State Building Construction Corporation, Shastri Nagar, Patna.

3.

The Chief General Manager, Bihar State Building Construction Corporation, Shastri Nagar, Patna.

4.

The General Manager, Bihar State Building Construction Corporation, Shastri Nagar, Patna.

5.

The Deputy General Manager, Bihar State Building Construction Corporation, Shastri Nagar, Patna.

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

For the Petitioner/s :

Mr. S.B.K. Manglam, Advocate Mr. Awnish Kumar, Advocate For the Respondent/s :

Mr. Brisketu Sharan Pandey, Advocate Mr. Kumar Abhimanyu Pratap, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 19-04-2023 Heard learned counsel for the parties.

2. The petitioner, by way of this writ petition, has prayed as under:- "(I) For issuance of an appropriate writ in

Patna High Court CWJC No.4645 of 2023 dt.19-04-2023 2/3 the nature of MANDAMUS, commanding and directing the Respondent Authorities for payment of Rs.31,42,295/- (Rupees Thirty One Lacs Forty Two Thousand Two Hundred Ninety Five only) to the petitioner for the work done by him for up-gradation of Primary Health Centre to Community Health Centre under agreement dated 26.03.2014 being Agreement No.114SBD/2013-14 and the supplementary agreement dated 19.03.2016 arising out of Notice Inviting Tender No.26/2013-14.

(II) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities for payment of the aforesaid amount with interest on delayed payment on the ground that even though the petitioner had completed the work within the stipulated time as per the agreement and had raised his bills, the Respondents have not yet paid a sum of Rs.31,42,295/- to the petitioner which the petitioner had invested to complete the work after revising funds from the open market on interest.

(III) For issuance of any other appropriate writ/writs order/orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case."

3. In view of the detailed judgment dated 19.04.2023, passed in C.W.J.C. No. 4144 of 2023 (Kaushalendra Kumar Singh Vs. the State of Bihar & Ors.,), the present writ petition is dismissed with the liberty to the petitioner as given in

Patna High Court CWJC No.4645 of 2023 dt.19-04-2023 3/3 C.W.J.C. No. 4144 of 2023(supra).

(Sanjeev Prakash Sharma, J) Amrendra/- Item No. 29 AFR/NAFR CAV DATE Uploading Date 21.04.2023 Transmission Date