Shivshankar Singh Contract Pvt. Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7641 of 2023 ====================================================== Shivshankar Singh Contract Pvt. Ltd. through its Managing Director namely Shivshankar Singh, Male, aged about 64 years, son of Laxmi Singh, resident of Mohalla- Rajendra Nagar, Police Station- Gopalganj, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Public Health Engineering Department, Government of Bihar, Patna.

2.

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

3.

The Superintending Engineer, Public Health Engineering Region, Chapra. 4.

The Executive Engineering, Public Health Division, Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Advocate.

For the Respondent/s :

Mr. Arvind Ujjwal, SC-4.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 18-09-2023 Heard learned counsel for the parties.

2. The present writ petition has been filed for the following relief(s):- "For issuance of an appropriate writ and/or order and /or direction commanding the respondents to pay the admitted final bill of Rs. 9,35,413/- of the petitioner which is due since 2013 for executing the construction of 125MM x 40 MM D.I.A. with India Mark III Hand Pump46 Nos. Deep Tube-well-74 Nos. and 40 MM D.I.A. with singer hand Pump-61 mt deep Tube Well 157 Nos. and 46 mets Deep Tube Well-154 nos. in the Masrakh and Panapur Block of Saran District under ARWSP (0708) as per the agreement No. F2-03/01/1011. "

Patna High Court CWJC No.7641 of 2023(2) dt.18-09-2023 2/3

3. Learned counsel for the petitioner has stated that the petitioner has submitted the bills after completion of the work and the bills have not being paid till date. Even though the petitioner has made several representations to the authorities for payment of the bill amounts due but the bills have not being cleared till date. Therefore, the learned counsel for the petitioner has prayed for allowing the present Writ Petition and a direction may be issued to the authorities for payment of the dues.

4. Learned counsel appearing on behalf of the respondents has stated that the petitioner may be directed to make a fresh representation along with the copy of this order and the authority may be directed to consider the same and pass a necessary orders in accordance with law.

5. Having regard to the above made submissions, without going into the merits or demerits of the case, the present writ petition is disposed off with a direction to the petitioner to make a fresh representation to the Respondent No. 4 along with the copy of this order within a period of two weeks from today. On such representation being made, the 4th Respondent shall consider the representation strictly in accordance with law and necessary orders shall be passed within a period of eight weeks thereof. Any order passed shall be communicated to the parties.

Patna High Court CWJC No.7641 of 2023(2) dt.18-09-2023 3/3

6. In case the authority comes to the conclusion that the claim made by the petitioner merits consideration, then the bill amounts due will be paid immediately preferably within a period of four weeks thereof.

7. With the above directions, the Present Writ petitioner stands disposed off.

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