Ranjeeta Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7093 of 2016 ===========================================================

1. Ranjeeta Mishra Wife of Ajay Kumar Mishra, Resident of Village - Hindu Chakia P.S. - Bara Chakia District - East Champaan Presently residing at New Gopalpur, P.S. - Motihari, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Chief Secretary, Govt. of Bihar, Patna.

3. The Deputy Secretary, Govt. of Bihar, Patna.

4. The Principal Secretary, Department of Health, Govt. of Bihar, Patna.

5. The Deputy Secretary, Departemnt of Health, Govt. of Bihar, Patna.

6. The Principal secretary, Building Construction Department, Govt. of Bihar, Patna.

7. The Deputy Secretary, Building Construction Department, Govt. of Bihar, Patna.

8. The Executive Engineer, Building Construction Department, Building division, Motihari.

9. The Sub Divisional Officer, Areraj, Motihari, East Champaran.

10. The Accounts Officer, Building Construction Department, Govt. of Bihar, Patna.

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

For the Petitioner/s : Mr. Sushmita Mishra For the State : Mr. Ram Babu Rai, Ac to Sc-14 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 04-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present case, petitioner is seeking a direction for payment of Rs.7,18,412/- claiming to be an admitted amount which she has claimed to be entitled on account of renovation and up-gradation of referral Hospital, Areraj Motihari. An advertisement was published inviting tender for up-

Patna High Court CWJC No.7093 of 2016 dt.04-09-2017 gradation and renovation of referral Hospital, Areraj, Motihari. Petitioner dropped sealed cover tender, was selected, work order was issued and after completion of the same bill was submitted. Letter dated 11.7.2014 addressed by the Executive Engineer, Building Construction Department to the Principal Secretary, Building Construction Department, Government of Bihar for allocating the fund for payment of Rs.12,40,902/-. As per claim of the petitioner total admitted dues of the petitioner is Rs.12,40,902/- but, since the work had been bifurcated in different work orders so claim has been limited to Rs.7,18,412/-. From the record it appears the petitioner has already filed a representation for payment of admitted dues and several authorities have recommended for making payment.

In such view of the matter, petitioner is directed to file a detailed representation along with present order before the Principal Secretary, Building Construction Department, Government of Bihar and he will be obliged to dispose of the same and would pay admitted dues within a period of two months. If the Principal Secretary, Building Construction Department, Government of Bihar does not agree with the claim of the petitioner he will be obliged to give notice to the petitioner and after hearing he will pass a reasoned order.

Patna High Court CWJC No.7093 of 2016 dt.04-09-2017 should be completed within a period of three months from the date of filing of the representation.

With the aforesaid observation and direction this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 7.9.2017 Transmission Date NA