Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6291 of 2023 ====================================================== Kamlesh Kumar S/o Suresh Singh, Resident of Village- Tekabigha, P.O.- Ascapur, P.S.- Daniyawa, District- Patna.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Chief Engineer, Bihar State Education Infrastructure Development Ltd. Patna.

3.

The Superintending Engineer, Bihar State Education Infrastructure Development Limited, Patna.

4.

The Executive Engineer, Bihar State Education Infrastructure Development Limited, Patna.

5.

The Managing Director, Bihar State Education Infrastructure Development Limited, Sayedpur, District Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Satyendra Kumar Srivastava For the Respondent/s :

Mr. Kameshwar Kumar, GP-17 For the BSEIDL :

Mr. Brijesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner and learned counsel for the respondents.

Learned counsel for the petitioner submits that the petitioner is seeking return of security deposit amount in connection with Agreement No. 402 SBD of 2014-15 which relates to the work for anti-erosion of construction of upgraded senior secondary schools of Panchayat level in Bihar Gr. No. USSS-5 (Government Middle School at Rudrapur and Government Middle School at Bhatra Ghat in District of Madhubani). It is his submission that the petitioner has discharged his obligations under the agreement and the respondents have paid the requisite amount but thereafter the security deposit

Patna High Court CWJC No.6291 of 2023(2) dt.08-05-2023 2/2 made by the petitioner has not been returned. Learned counsel submits that in this regard, he has submitted a representation before the Managing Director of the Bihar State Education Infrastructure Development Limited, Sayedpur and then he submitted another representation before the Chief Engineer, but those representations have remained pending. Mr. Brijesh Kumar, learned counsel for the respondents submits that in such case if the representations of the petitioner are still pending, an appropriate decision shall be taken thereon within a reasonable time.

Having regard to the aforementioned facts and circumstances and the submissions noted hereinabove, this Court directs the Managing Director, Bihar State Education Infrastructure Development Limited, Sayedpur (respondent no. 5) to look into the grievance of the petitioner, examine the same and take an appropriate decision within a period of 90 days from the date of receipt/ production of a copy of this order. If the petitioner is found entitled for refund of security deposit, consequential action shall be taken. The application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/- U