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Patna High CourtCWJC/22170/2014disposed

Bimal Kumar Singh v. The State Of Bihar And ORS

2016-02-26Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22170 of 2014 =========================================================== Bimal Kumar Singh Son of Late Nagendra Singh resident of Village/Mohalla : Shankar Chowk, Ward No. 1, Police Station & P.O. : Dumra, District : Sitamarhi. .... .... Petitioner

Versus

1. The State of Bihar, through the Secretary, Building Construction Department, Bihar, Patna.

2. The Secretary, Finance Department, Bihar, Patna.

3. The Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Building Construction Department, Bihar, Patna.

4. The Chief Engineer, North, Building Construction Department, Bihar, Patna.

5. The Superintending Engineer, Building Construction Department, North Bihar Circle, Muzaffarpur.

6. The Executive Engineer, Building Construction Division, Sitamarhi. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Jiwan Prakash Sinha, Advocate For the Respondent/s : Mr. GA12-AJAY =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 26-02-2016 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 for making payment of Rs. 32,179/- due to the petitioner for the work done by him in terms of agreement No. 34F-2 of 2000-01.

3. It is submitted on behalf of the petitioner that pursuant to the work of special repairing of the State Dispensary building at Bela having been awarded to the petitioner the said work was completed and payment of a sum of Rs. 32,179/- has not been received.

4. In the above view of the matter, this writ petition is disposed

Patna High Court CWJC No.22170 of 2014 dt.26-02-2016 of with consent of the petitioner, granting him liberty to approach the Executive Engineer, Building Construction Division, Sitamarhi (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 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) Chandran U