Bharat Bhushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9446 of 2020 ====================================================== Bharat Bhushan S/o Ashok Kumar Resident of Village and Post- Chadhua, P.S.- Kudhani (Turki O.P.), District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Department of Building Construction, Bihar, Patna.

2.

The Secretary Building Construction Division, South Bihar, Bihar, Patna. 3.

The District Magistrate Muzaffarpur.

4.

The Superintending Engineer Building Division, Muzaffarpur. 5.

The Executive Engineer Building Division, Muzaffarpur. 6.

The Accountant Building Division, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raju Kumar, Advocate :

Mr. Abhash, Advocate :

Mr. P.M.M. Prasad, Advocate For the Respondent/s :

Mr. Ramashray Roy, AC to AAG 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-07-2022 The present writ petition has been filed seeking the following reliefs :- "(i) To issue an appropriate order/s direction/s including a writ preferably in the nature of Mandamus commanding and directing upon the respondents to make the payment of admitted dues of the petitioner amounting to Rs. 9,61,751/- only in lieu of works completed by the petitioner within time against contract agreement no. 110 F2/7-18 entered with the petitioner and respondent no. 5 for Tiles Work in Hospital Building in the campus of R.B.T.S. College, Muzaffarpur.

(ii) To direct the respondents to make the

Patna High Court CWJC No.9446 of 2020(2) dt.14-07-2022 2/2 payment of aforesaid admitted dues of the petitioner hence forthwith which has been wrongly and illegally withheld by the respondents.

(iii) To direct the respondents to make the payment of penal interest on the aforementioned dues to the petitioner on account of delay and latches on the part of the respondents."

At the outset, the learned counsel for the petitioner seeks liberty to approach the respondent no. 2 i.e. the Secretary, Building Construction Division, South Bihar, Patna for redressal of his aforesaid grievances.

Liberty so sought, is granted.

Accordingly, the present writ petition stands disposed off with liberty to the petitioner to approach the respondent no. 2, by filing an appropriate representation and in case, such a representation is filed within a period of four weeks from today, the same shall be considered, in accordance with law and disposed off, within a period of eight weeks, thereafter. In case, any admitted dues are found payable, the same shall also be paid, forthwith. (Mohit Kumar Shah, J) rinkee/- U