Uday Kant Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24552 of 2013 ====================================================== Uday Kant Mishra Son Of Laxmikant Mishra Resident Of Mohalla - Hanumannagar, Ward No.20, P.S. and District - Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Secretary, Building Construction Department, Govt. Of Bihar, Patna 3.

The Superintending Engineer, Building Circle, Building Construction Department, Darbhanga 4.

The Executive Engineer, Building Division, Building Construction Department, Madhubani 5.

The Superintendent Of Police, Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Mishra, Advocate For the Respondent/s :

Mr.Manikant Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-05-2023 The present writ petition has been filed seeking the following relief:- "1. That, the present writ application is being directed for issuance of writ in the nature of mandamus or any appropriate writ/writs, directing the respondents concerned to pay outstanding amount of Rs.

24,82,300/- to the petitioner, who has carried out and executed the special repair work in the official residence of the S.P., Madhubani being urgent in nature and accordingly work order

Patna High Court CWJC No.24552 of 2013(2) dt.10-05-2023 2/3 was issued in favour of the petitioner, besides the S.P., Madhubani reported in writing to the respondents Executive Engineer that on physical verification it is found that the repair work has been executed to the full satisfaction of the S.P. but the said outstanding amount is still pending for payment to the petitioner in spite of fund available with the department and also requisition has been filed by the respondent Superintending Engineer before the respondent Secretary of the Department. The petitioner may also be compensated financially for the lapses and delay on the part of the respondent concerned in releasing the payment in favour of the petitioner for the work done years ago and the payment of the said amount is still pending due to paucity of the fund according to the respondent concerned."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Secretary, Building Construction Department, Government of Bihar, Patna for

Patna High Court CWJC No.24552 of 2013(2) dt.10-05-2023 3/3 redressal of his aforesaid grievances. Liberty so sought is granted.

It is needless to state that in case appropriate representation is filed by the petitioner within a period of eight weeks from today, before the respondent no. 2, with regard to his aforesaid grievances, the respondent no. 2 shall consider the same and dispose off the same by passing a reasoned and a speaking order, within a period of six weeks, thereafter and in case it is found that certain amount is outstanding for payment, the same shall be paid within a further period of two weeks, failing which the principal amount shall carry an interest @ 9 per cent per annum from the day it became due upto the date of payment.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/S.SbU