Patna High CourtCWJC/10854/2016disposed

Manoj Kumar v. The State Of Bihar And ORS

2017-03-28Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10854 of 2016 =========================================================== Manoj Kumar Son of Sri Dhanu Prasad, resident of Village Maulinagar, P.S.- Maner, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Building Construction Department, Government of Bihar, Patna.

2. The Executive Officer, Garden Division, Building Construction Department, Patna.

3. The Garden Officer, Garden Division, Building Construction Department, Patna.

4. The Executive Engineer, Garden Division, Building Construction Department, Patna.

5. The Sub-Divisional Officer, Building Construction Department, Patna.

6. The Junior Engineer, Garden Division, Building Construction Department, Patna.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Vinay Mistry, Adv. Mr. Prince Kumar Mishra, Adv.

For the Respondent/s : Ms. Alka Verma, AC to SC-17 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 28-03-2017 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is seeking payment of Rs.4,83,600/- as he has completed the work assigned by the Building Construction Department for cutting and pruning of trees under Garden Division, Patna for the year 2014-15.

The petitioner is a registered Contractor and was issued work order in his favour for Rs. 4,83,000/-. The job was assigned for cutting & pruning of trees in the several government residences. In pursuance to that, he executed the work and raised the bill. It appears

Patna High Court CWJC No.10854 of 2016 dt.28-03-2017 that the Executive Officer, vide letters dated 3.1.2015, 11.2.2015 and 12.3.2015, recommended for payment to the petitioner but, the claim of the petitioner has not been considered and no payment has been made to the petitioner.

Let the petitioner file a detailed representation before the Chief Engineer, Building Construction Department, Patna, raising all his grievances who will be obliged to look into the case of the petitioner and if it is found that the petitioner has executed the work assigned to him and has completed the same, the payment should be made to the petitioner without delay.

If the petitioner files a representation before the aforesaid authority, the same should be disposed of within a period of two months from the date of filing of the representation and the amount for which he is entitled should be released in his favour within a period of one month thereafter.

With the aforementioned observation and direction, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 31.03.2017 Transmission Date