The Manager Singh Construction Pvt. Limited v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8870 of 2024 ====================================================== The Manager Singh Construction Pvt. Limited through its proprietor Sri Manager Singh, aged about 63 years, Male, Son of Mathura Singh, Resident of Village - Jalalpur, P.O.- Bela, P.S.- Dariyapur, District - Saran ... Petitioner

Versus

1.

The State of Bihar through the Additional Chief Secretary, Water Resources Department, Govt. of Bihar, Irrigation Bhawan, Patna. 2.

The Director, Purchase, Store and Material Management Directorate, Water Resources Dept. Barrack No. - 5, Harding Road, Patna. 3.

The Engineer in Chief (Flood Control and Drainage) WRD, Irrigation Bhawan, Patna.

4.

The Chief Engineer (Flood Control and Drainage), Water Resources Dept., Patna.

5.

The Chief Engineer (Flood Control and Drainage), Water Resources Dept., Gopalganj.

6.

The Chief Engineer, (Flood Control and Drainage), Water Resources Dept., Birpur, District- Muzaffarpur.

7.

The Chief Engineer (F.C.D), W.R.D., Muzaffarpur. 8.

The Chief Engineer (F.C.D), W.R.D., Katihar.

9.

M/s. Bangali Singh Vill.- Mohanpur, P.S.- Begusarai, Dist.- Begusarai. 10.

M/s. Satyadev Prasad Singh, Vill.- Paharpur, P.S.- Baikunthpur, Dist.- Gopalganj.

11.

M/s. Proper Construction Works Pvt. Ltd., R/o- New Patliputra Colony, P.S.- Digha, Patna, Dist.- Patna. ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Adesh Raj, Adv.

For the Respondents :

Mr.Kumar Manish, SC V with Mr. Madan Mohan, AC to SC V ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 13-02-2025 Without going into the merits or demerits of the case, the present Writ Petition is disposed of at the stage of admission.

2. Having regard to the Clause 10 of the terms and conditions for supply of empty cement bags entered between the petitioner and the respondents, which reads, "in case of any

Patna High Court CWJC No.8870 of 2024(4) dt.13-02-2025 2/3 dispute or difference of opinion regarding interpretation of specification in any other clause or clauses in respect of the purchase order the matter will be referred to concerned Engineer in Chief (Flood Control & Drainage) WRD and his decision shall be final in all such cases" the petitioner is directed to approach the Engineer-in-Chief (Flood Control & Drainage) within a period of four weeks from today.

3. On such representation/complaint being filed the authority concerned shall pass necessary orders duly taking into consideration the grievance of the petitioner. The authority shall before passing any order give an opportunity of hearing to the petitioner. The entire exercise shall be completed as expeditiously as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of representation/complaint from the petitioner. Any orders passed shall be communicated to the petitioner.

4. In case the authority come to the conclusion that the claim of the petitioner is genuine they shall endeavour to pay the amount to the petitioner forthwith after the Engineer-inChief has passed an order. In case the Engineer-in-Chief is of the opinion that the claim of the petitioner needs to be rejected he shall pass pass reasoned order giving reason for such

Patna High Court CWJC No.8870 of 2024(4) dt.13-02-2025 3/3 rejection.

5. With the above direction, this Writ Petition stands disposed of.

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