Dinesh Bhagat v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10376 of 2016 =========================================================== Dinesh Bhagat Son of Tapshi Bhagat, Resident of Village Dhepura, P.O. Kewti, P.S. Bisfi, District Madhubani.

.... .... Petitioner

Versus

1. The State of Bihar through its Chief Secretary, Old Secretariat, Bihar, Patna.

2. The Principal Secretary, Panchayati Raj Department, Bihar, Patna.

3. The Superintending Engineer, Local Area Engineering Organisation Anchal, Darbhanga.

4. The District Magistrate, Madhubani District Madhubani.

5. The District Panchyati Raj Officer, Madhubani.

6. The Executive Engineer, L.A.E.O. Work Division-1, Madhubani, District Madhubani.

7. Surendra Prasad Mahto, Assistant Engineer, Local Area Engineering Organisation (L.A.E.O) Work Division-1, Madhubani. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Yogendra Kr. Singh, Advocate For the Respondents : Mr. AC to AAG2 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 21-06-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. This matter has been taken up out of turn on the request of learned counsel for the petitioner for payment of his outstanding dues.

3. Learned counsel for the petitioner submits that despite having completed the contractual work in respect of construction of the Panchayat Government Bhawan at Phent Panchayat (Basopatti Block), Village Manmohan, District Madhubani, an amount of Rs.

Patna High Court CWJC No.10376 of 2016 dt.21-06-2018 2/3 18,20,983/- remains outstanding for payment to the petitioner for which several representations have been filed.

4. Learned counsel for the respondents appears and has been heard. No counter affidavit has been filed on behalf of the respondents till date.

5. Having regard to the nature of the grievances of the petitioner and with consent of the parties this writ petition is disposed of, granting liberty to the petitioner to approach the Executive Engineer, L.A.E.O. Work Division-1, Madhubani, District Madhubani. (respondent no. 6) 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 6% per annum on the admitted dues calculated from the date when the amount became due till the date of its actual payment. In case the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be disposed of by a speaking order in that regard.

Patna High Court CWJC No.10376 of 2016 dt.21-06-2018 3/3

6. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 23.06.2018 Transmission Date N.A.