Santosh Kumar Thakur v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7768 of 2017 ====================================================== Santosh Kumar Thakur son of Sri Murlikant Thakur, resident of VillageKharana Priya, Police Station- Dhansoi in the district of Buxar. ... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors 2.
The Principal Secretary, Rural Works Department, Government of Bihar, Patna.
3.
The Chief Engineer, Rural Works Department, Government of Bihar, Patna. 4.
The Superintending Engineer, Rural Works Circle, Work Division-II, Sasaram Rohtas.
5.
The Executive Engineer, Rural Works Department, Work Division-II, Dumraon, Buxar.
6.
The Junior Engineer, Rural Works Department, Work Division- II Dumraon, Buxar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar, Advocate For the Respondent/s :
Mr.K.P. Gupta- Gp10 Mr.Virendra Kumar, AC to GP10 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 13-04-2023 In the instant petition, petitioner has prayed for the following relief(s):- "I. To direct the respondents to extend the further period of two months for completing the work for construction of RCC Bridge over Canal near Piria Tola under Rajpur Block in the district of Buxar as the petitioner has completed the construction work except Slap RCC Work (Slab Dhalai).
II. Also to quash the Press
Patna High Court CWJC No.7768 of 2017(4) dt.13-04-2023 2/3 Communiqué issued under the signature of Executive Engineer, Rural Works Department, Works Division, Dumraon by which it has been communicated that the agreement for the work as mentioned above would be cancelled and proceeding will be started for black listing.
III. Also to direct the respondents to make payment of all admitted dues amount against the work done by the petitioner for construction of RCC Bridge as mentioned above as the petitioner has completed almost about 80% construction work of RCC work but out of which only Rs. 6,02,401/- has been paid to the petitioner against the work done by him up to about Rs.
14,00,000/-.
IV. Also to direct the respondents to revise and enhanced the estimated cost for construction of RCC Bridge over the Canal near Piria Tola (hereinafter referred as RCC Bridge).
V. Also to direct the respondents to refund the curtailed amount to the petitioner as the amount has been curtailed from the running bill of the petitioner at slash rate of 10% on the ground of delay in execution of the work.
VI. Also for any other relief/reliefs for which the petitioner is found to be entitled in the eye of law."
Even though writ petition is not maintainable having regard to the fact that the work was required to be executed in the year 2010. For non completion of work, certain proposals was sent for taking action against the petitioner. Even to this day
Patna High Court CWJC No.7768 of 2017(4) dt.13-04-2023 3/3 there was inaction on the part of the concerned respondent. Therefore, the petitioner is hereby directed to submit the detailed representation to the concerned authority. On such representation, the concerned respondent may pass a detailed order and communicate the same to the petitioner. Accordingly, the present petition stands disposed of. (P. B. Bajanthri, J) ( Arun Kumar Jha, J) abhishekkr/- U