Mahesh Yadav v. The State Of Bihar And ORS

Patna High Court CWJC No.12608 of 2011 dt.08-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12608 of 2011 =========================================================== Mahesh Yadav, S/O Late Ganga Yadav resident of Mohalla-Koila Ghat, Adampur, P.S. Adampur (Kotwali), Distt.-Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Secretary, P.W.D. Department, Govt. of Bihar Patna

3. The Chief Engineer, P.W.D. Department, East Zone, Govt. of Bihar, Patna

4. The Chief Engineer, P.W.D. Department, East Zone, Govt. of Bihar, Patna

5. The Engineer-in-Chief, P.W.D. Department, East Zone, Govt. of Bihar, Patna

6. Executive Engineer, P.W.D. Department, Bhagalpur Division , Bhagalpur, Distt.- Bhagalpur.

7. Superintendent Engineer, P.W.D. Department, Circle Adampur, Bhagalpur, District- Bhagalpur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate. Mr. Dhananjay Kumar Gupta, Adv.

For the Respondent/s : Mr. Prabhat Bharti, Ac to GP-23. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 08-10-2015 Heard learned counsel for the petitioner and learned Counsel for the State.

2. The present writ petition has been filed for a direction to the respondents to make payment of the amount claimed by the petitioner to be due to him pursuant to work having been completed in terms of the tender awarded in favour of the petitioner.

3. It is submitted on behalf of the petitioner that despite being entitled to the amount as claimed by the petitioner, only partial payment has been made, leaving a

Patna High Court CWJC No.12608 of 2011 dt.08-10-2015 considerable amount outstanding to be paid.

4. In the above view of the matter, this writ petition is disposed of with consent of the petitioner, granting him liberty to approach the Executive Engineer, P.W.D. Department, Bhagalpur Division, Bhagalpur (Respondent No. 5) 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 9% 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.

5. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) Md. Ibrarul/- U