Pramod Kumar v. The State Of Bihar Through The Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11518 of 2021 ====================================================== Pramod Kumar son of Raj Kumar Sah Resident of Village - Parsauni, P.S. - Bairgainiya, District- Sitamarhi Proprietor of M/s Pramod Enterprises, Kachhari Bazar, Near D.S.E. Office. Shop no. A/42, Purnia. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Chief Secretary, Department of Disaster Management, Govt. of Bihar, Patna.

3.

The Special Secretary Disaster Management Department, Govt. of Bihar, Patna.

4.

The Joint Secretary Disaster Management Department, Govt. of Bihar, Patna.

5.

The Commissioner, Purnia Division, Purnia.

6.

The District Magistrate, Purnia.

7.

The Additional Collector, Purnia.

8.

The District Public Relation Officer, Purnia. 9.

The Additional Collector, Disaster Management, Purnia. ... ... Respondent/s ====================================================== Appearance:

For the Petitioner/s :

Mr. Kumar Praveen, Advocate For the Respondent/s :

Mr. Sajid Salim Khan, Standing Counsel-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-09-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

The present writ petition has been filed seeking the

Patna High Court CWJC No.11518 of 2021(2) dt.16-09-2021 2/3 following reliefs:- "A) For issuance of an appropriate writ/writs, order/s, direction/s commanding the respondents to immediately release the amount of Rs. 63,15,690/- (Rupees sixty three lakhs fifteen thousand and six hundred ninety only) in favour of petitioner along with statutory interest, litigation cost and compensation for the delayed payment from the date on which the work order was successfully completed by the petitioner till the date of actual final payment. B) For direction to the respondent authorities to compensate the loss of reputation as well as for the loss of business to the petitioner because a huge amount of petitioner working capital has been withheld/blocked by the respondent authorities for a period of more than 6 years after successfully completion of work order within time to the satisfaction of respondents along with compensation for the Economical, Physical and Mental harassment to the petitioner."

At the outset, the learned counsel for the petitioner seeks liberty to approach the Special Secretary, Disaster Management Department, Government of Bihar, Patna for redressal of his aforesaid grievances, inasmuch as it is the contention of the petitioner that the District Magistrate, Purnea

Patna High Court CWJC No.11518 of 2021(2) dt.16-09-2021 3/3 has already requisitioned funds from the respondent nos. 3 & 4, for making payment to the petitioner.

The learned counsel for the respondent-State Shri Sajid Salim Khan, SC-25 has got no objection. Having regard to the facts and circumstances of the case, the present writ petition is disposed off with liberty to the petitioner to approach the respondent no. 3 by filing appropriate representation within a period of four weeks from today and in case such a representation is filed, the same shall be disposed off by the respondent no. 3 by a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter and in case admitted outstanding dues are found payable, the same shall be paid to the petitioner within a period of eight weeks, therefrom.

(Mohit Kumar Shah, J) S.Sb/- U