Birendra Kr. Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3998 of 2011 ====================================================== Birendra Kumar Singh, son of Late Suresh Prasad, resident of Railway Quarter No. 414/B, Mohalla Post Office Road Khagaul, P.O. - Khagaul, P.S. - Khagaul, District - Patna. .... .... Petitioner

Versus

1. The State of Bihar through Sri Pratye Amrit, son of not known at the present posted as Secretary Road Construction Department, Visheweshraiya Bhawan, Bailey Road, Patna.

2. Sri Narendra Prasad, son of not known, at present posted as Chief Engineer, South Bihar Road Construction Department (P.W.D.) Visheweshraiya Bhawan, Bailey Road, Patna.

3. Sri Kedar Singh, son of not known, at present posted as Superintending Engineer Shahabad Road Circle Ara, Bhojpur.

4. Sri Arun Kumar, son of not known, at present posted as Executive Engineer Shahabad Road Division, Ara, Bhojpur. .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 3.

29-07-2015 On 15.05.2009, the writ petition was disposed of directing the Chief Engineer, Public Works Department, Patna, to pay the entire amount due to the petitioner within a period of one month. After disposal of the writ petition an amount of Rs. 3,16,665.00 was paid to the petitioner on 09.10.2009, but, the balance amount of Rs. 72,000.00 was not

Patna High Court MJC No.3998 of 2011 (3) dt.29-07-2015 paid. An excuse was made of the measurement book being lost.

This Court expressed its displeasure on 11.09.2013. Thereafter, a show cause has been filed by the State stating that on 04.09.2014 Rs. 67,489.00 was paid to the petitioner towards full satisfaction of the Court.

It is submitted on behalf of the State that the order of this Court has been complied with. The order of the Court to make payment within one month was passed as far back as in 2009. The balance of Rs. 72,000.00 is reduced by statutory reductions and was paid on 04.09.2014 i.e. more than five years late. It is a fit case in which for this delay the State must be punished by payment of interest to the petitioner for the period of five years in respect of Rs. 67,489.00 at the rate of 6% per year. The same shall be paid within one month from the date of production of a copy of this order before the Chief Engineer, South Bihar Road Construction Department (P.W.D.) Vishweshwaraiya Bhawan, Bailey Road, Patna (opposite party no. 2).

Patna High Court MJC No.3998 of 2011 (3) dt.29-07-2015 If there is no timely compliance, this Court would proceed in initiating contempt proceedings as against the said Chief Engineer. With this observation and direction, this application stands disposed of.

(Navaniti Prasad Singh, J.) Rajeev/- U