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Patna High CourtCWJC/18588/2015disposed

Suniti Kumari v. The State Of Bihar And ORS

2017-08-18Mr. Justice Shivaji Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18588 of 2015 =========================================================== Suniti Kumari, wife of Late Kumar Satish Chandra Chauhan, resident of VillageBhikhanpura, P.O. Head Post Office, Muzaffarpur, District- Muzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar through its Engineer-in-Chief cum-Special Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

2. The Regional Chief Engineer, Public Health Engineering Department, Muzaffarpur Region, Muzaffarpur.

3. The Chief Engineer (Civil), Public Health Engineering Department, Bihar, Patna.

4. The Superintending Engineer, Public Health Engineering Department, Muzaffarpur Cirlce, Muzaffarpur.

5. The Executive Engineer, Public Health Engineering Division, Muzaffarpur.

6. The Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Sunita Kumari, Adv. For the Respondent/s : Mr. Vivek Prasad- G.P.-7 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 18-08-2017 Learned counsel for the petitioner is permitted to implead the Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna as party respondent no.6. 2.

Heard learned counsel for the petitioner and learned counsel for the State.

Patna High Court CWJC No.18588 of 2015 dt.18-08-2017 2/3 3.

In this case, the petitioner is seeking payment of Rs.11,74, 800/- as has been claimed that he was allotted the work for laying down the pipes for the purposes of supply of water to the villagers.

4.

The total value of the work was Rs.1,50,62,200/- and out of that amount Rs.1,44,91,924/- was paid to the petitioner and is also entitled to Rs.5,47,176/- for original work adding extra 10% work, total claim has been made for total payment of Rs.11,74,800/-, which is apparently clear from the letter dated 03.01.2014 written by the Chief Engineer to the Engineer-in-Chief-cum-Special Secretary, Public Health Engineer Department, Bihar, Patna. 5.

Let the petitioner file a proper representation before the Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna. If such a representation is filed, the Principal Secretary, Public Health Engineering Department will examine the claim of the petitioner and pay the admitted dues which the petitioner is entitled to. If the Principal Secretary is not agreeable to the claim of the petitioner, in such circumstance, he will be obliged to give a notice to the petitioner and after hearing him pass a reasoned order. The entire exercise should be completed by the Principal Secretary, within four months from the date of filing of

Patna High Court CWJC No.18588 of 2015 dt.18-08-2017 3/3 representation by the petitioner.

6.

With the aforesaid observations and directions, this writ application is disposed of.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

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