Dinesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6564 of 2024 ====================================================== Dinesh Kumar Rai S/o Mishri Roy, R/o Ward no. 12 Rampur, P.S. Bharaiya, P.O. Nirpur, Samastipur, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Panchayati Raj, Govt. of Bihar, Patna.

2.

The District Magistrate, Samastipur, Bihar.

3.

The District Development Commissioner, Samastipur. 4.

The Sub- Divisional Officer, Rosera Sub-Division, District- Samastipur. 5.

The Block Development Officer Bithan Block, Dist. Samastipur. 6.

The Pramukh Panchayat Samiti, Bithan Block, Samastipur, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhat Kumar, Adv.

For the Respondent/s :

Mr. Standing Counsel (5) For the State :

Mr. Kumar Manish, SC-5 Mrs. Shama Sinha, AC to SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 23-10-2024 Heard the learned counsel for the parties.

2. This writ petition has been filed for the following relief(s):- "i. to issue writ in the nature of mandamus or direction commanding the respondents and/or their agents to disburse the amount in favour of the petitioner for his construction work.

ii. To issue writ in the nature of mandamus commanding the respondents and/or their agents specifically the Block Development Officer and The Pramukh Block to consider the representation of the petitioner and disburse the

Patna High Court CWJC No.6564 of 2024(5) dt.23-10-2024 2/3 amount in favour of the petitioner for his construction work after giving an opportunity of hearing to the petitioner within a specified period fixing by this Hon'ble Court.

iii. To issue writ calling upon the respondents to produce and/or transmit all the relevant record before this Hon'ble Court so that conscionable justice may be given.

iv. to direct the respondents to make payment of the rest entire amount of Rs. 6,04,366/- as per bill provided by the Petitioner with interest forthwith.

v. To declare the action of the Respondents in not releasing the bill amount of Rs. 6,04,366/- for the work executed by the petitioner for the construction of new block as illegal, arbitrary, malafide, unjust, irresponsible and contrary to the principles of natural justice. vi. To grant compensation in favour of the petitioner for the losses suffered by him."

3. In the counter affidavit filed by the respondent No. 6, it is specifically stated that the petitioner was entrusted with the construction work of pevar block in western side of new Block Office, Bitha. An agreement Yojana No. 1/2020-21 for the construction was executed between petitioner and the Respondent No. 5, Block Development Officer, Bathan Block and work order was issued to the petitioner on 12.02.2021. It is further stated in the counter affidavit that after the completion of

Patna High Court CWJC No.6564 of 2024(5) dt.23-10-2024 3/3 the work, the petitioner has not submitted the MB book, vouchers of the purchased articles, and other documents. That in case the petitioner submits the above mentioned documents, the authorities are ready to pay for the entire work completed.

4. Having regard to the above stated averments in the counter affidavit filed by the Respondent No. 6, this Court is of the view that the ends of justice will be met if the petitioner is directed to submit the necessary documents to the Respondent No. 6 within a period of four weeks from today. On such documents being submitted, the authority shall verify and make the necessary payments due to the petitioner within a period of four weeks thereof.

5. With the above directions, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Gauravkr/- U