Bajrangi Singh v. Jai Prakash University

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6244 of 2020 ====================================================== Bajrangi Singh aged about 79 years (Male) Son of Late Yadunath Singh Residence of- New Colony, Gandhi Chowk, Chapra (Saran). ... ... Petitioner/s

Versus

1.

Jai Prakash University, Rahul Sankrityayan Nagar Chapra, (Bihar) through the Registrar, Jai Prakash University, Chapra. 2.

The Vice- Chancellor, Jai Prakash University, Chapra. 3.

The Registrar, Jai Prakash University, Chapra. 4.

University Engineer, Jai Prakash University, Chapra. 5.

The Finance Officer, Jai Prakash University, Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Tewary, Advocate For the J.P. University, Chapra :

Mr. Ritesh Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 02-11-2021 The petitioner has prayed for the following reliefs: "(i) For issuance of a writ in the nature of mandamus or any other appropriate writ, order or direction for commanding and direction the respondent authorities to make payment of Rupees 22,96,487 (Twenty Two Lacs Ninty Six Thousand Four Hundred and Eighty Seven) with interest thereon which is an admitted dues not paid to the petitioner even after completion of contract work namely "Construction work of Social Science, Language and Humanities Block in New Campus at Jai Prakash University, Chapra.

(ii) For issuance of a writ in the nature of mandamus or any other appropriate writ order or direction for commanding the respondent authorities for making immediate payment of Rupees 960467/- which was admitted dues for which a decision was taken by the University in the meeting of Maha Vidlaya Vikash Parisad for

Patna High Court CWJC No.6244 of 2020 dt.02-11-2021 2/2 the petitioner till the date that admitted dues has not been paid to the petitioner.

(iii) For issuance of an appropriate writ order or direction for Quashing the order dated 30.10.2018 as contained in Annexure - 13 to this petition by which the claim of the petitioner has been rejected in arbitrary manner.

(iv) For issuance of appropriate writ order or direction for commanding the respondent to grant compensation to the petitioner against the contract work which was allotted to the petitioner but the respondent authorities in Arbitrary fashion awarded the same to another contractor without any prior notice to the petitioner and without rescinding the contract of the petitioner.

(v) For issuance of any other relief or reliefs which deems fit and proper Under the facts and circumstance of this case."

The matter pertains to non disbursement of the dues for execution of work under the Works Contract Agreement. The questions of fact, similarly disputed, cannot be gone into. It is left open for the petitioner to seek appropriate remedy, in accordance with law. The present petition stands disposed of.

(Sanjay Karol, CJ) ( P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date Transmission Date