M/S Hari Mohan Bishwas v. Indian Institute Of Technology Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4749 of 2015 ====================================================== M/s Hari Mohan Bishwas a proprietor firm through its Proprietor Hari Mohan Bishwas Son of Sri Sagam Lal Bishwas Resident of Village - Bharra, Post Office - Kalsar, P.S. - Dandkhora, Distt - Katihar - 854337. .... .... Petitioner

Versus

1. Indian Institute of Technology Patna functioning in the Campus of Navin Polytechnic, Patliputra Colony, Patna - 800013, Bihar, through its Director - Mr. A.K. Bhowmik.

2. The Chairman, I.W.C. I.I.T., Patna.

3. The Registrar, I.I.T., Patna.

4. The Executive Engineer, I.I.T., Patna.

5. The Junior Engineer, I.I.T., Patna

6. The Director, I.I.T., Patna. All are working at I.I.T. Patna, Navin Polytechnic Patliputra Colony, Patna - 800013, Bihar. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Chiranjiva Ranjan, Advocate For the Respondents U.O.I. : Mr. S.D. Sanjay, Addl. S.G. of India ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 22-06-2015 Learned counsel for the petitioner is permitted to implead the Director, Indian Institute of Technology, Patna as respondent no.6.

I have heard learned counsel for the petitioner and learned Additional Solicitor General of India who has appeared for the respondents.

The petitioner seeks direction to the respondent authority to pay the balance admitted amount which comes to a sum of Rs.2,98,993/- as per his claim.

It is contended that in view of the work order given to him for construction of Gymkhana, after completion of

Patna High Court CWJC No.4749 of 2015 (2) dt.22-06-2015 2/2 construction, the petitioner submitted the bill of an amount of Rs.29,89,931/-. However, the aforesaid amount of Rs.2,98,993/- has not been paid as yet though while making deductions for the purpose of Income Tax as would appear from Form No.16A appended with the writ petition, total amount of the bill has been considered.

In above view of the matter, this Court would be inclined to dispose of this writ application granting liberty to the petitioner to approach the respondent no.6,i.e., the Director, I.I.T., Patna by filing a detailed representation in this regard along with a copy of this order. If such representation is filed, let the Director take a decision by passing a reasoned order within a period of six weeks from the date of its filing. If some amount is found admitted to be paid in favour of the petitioner then such payment should be made within further period of four weeks failing which the admitted unpaid amount would carry simple interest @ 10% per annum to be calculated from the date it became due till the date of its final payment.

(Dr. Ravi Ranjan, J) N.H./- U