Samir Kumar Ghosh @ Samir Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22321 of 2013 ====================================================== Samir Kumar Ghosh @ Samir Kumar Son Of Late Yogendra Nath Ghosh Resident Of Mohalla- Quarter No. 14C Road No. 8, Gardanibagh, Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Chief Secretary, Govt. Of Bihar 3.

The Principal Secretary, Department Of Industry, Bihar, Patna 4.

The Managing Director Bihar State Export Corporation Limited, 3rd Floor Land Development Bank Building, Budh Marg, Patna 5.

The Managing Director, Bihar Industrial Area Development Authority, Indira Bhawan, Bailey Road, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kr. Mishra, Adv.

For BIADA :

Ms. Binita Singh, Adv.

For the Respondent/s :

Mr. Sarvesh Kumar, GP24 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 02-02-2024 Heard the learned counsel for the parties.

The present writ petition has been filed for the following reliefs:- "(i) For respondent be directed to make payment to petitioner Rs. 1,16,000/- remaining amount against work done Rs.

155000 Earnest and security money and Rs.

1,80,000/- material supplied at site total amounting Rs. 4,51,000/-.

(ii) For respondent be directed to make payment of Interest at the rate of 12% on the amount payable to the petitioner that is 4,51,000 since date of entitlement till date of payment.

(iii) For that any other relief or reliefs as your Lordships may deem fit and proper in the facts and circumstances of the case."

Patna High Court CWJC No.22321 of 2013(13) dt.02-02-2024 2/3

3. Learned counsel for the petitioner states that out of total bill amount of approximately Rs. 16,00,000/- the Corporation has paid approximately Rs. 12,00,000/- and the balance amount is yet to be paid. Learned counsel for the petitioner has stated that he has submitted all the requisite documents necessary for verifying the balance amount payable to the petitioner and a direction may be given to the authority to verify the same and the pay the said amounts as expeditiously as possible.

4. Learned counsel appearing on behalf of the respondent-BIADA has stated that the petitioner has done some work for erstwhile Corporation i.e. respondent No. 4 and subsequently the said Corporation has merged with BIADA. Learned counsel has stated that the authority will verify the documents submitted by the petitioner and pay the amounts due to the petitioner, if any.

5. Having regard to the above made submissions, the present writ petition is disposed off with a direction to the respondent No. 5 to verify the bills submitted by the petitioner and in case the same are found to be genuine make necessary payment. In case the authority comes to the conclusion that the amounts are not payable to the petitioner, they will pass

Patna High Court CWJC No.22321 of 2013(13) dt.02-02-2024 3/3 speaking order giving reasons as to why they are rejecting the claim of the petitioner. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. In case any clarification is required, the authority shall put the petitioner on notice and seek the said clarification.

6. With the above direction, the present writ petition stands disposed off.

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