Patna High CourtCWJC/6310/2016disposed

Rakesh Chaubey v. The State Of Bihar And ORS

2017-02-14Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6310 of 2016 ===========================================================

1. Rakesh Chaubey son of Sri Ramesh Chaubey resident of Mohalla - Zakki Bigha, P.O. - Dalmianagar, P.S. - Dehri, District - Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Road Construction Department, Bihar, Patna.

3. The Engineer-in-Chief, Road Construction Department, Bihar, Patna.

4. The Chief Engineer, South Bihar Road Construction Department, Bihar, Patna.

5. The Superintending Engineer, Road Construction Department, Ara Circle, Ara Bhojpur.

6. The Executive Engineer, Road Construction Department, Dehri-On-sone Division, Dehri, Rohtas.

7. The Assistant Engineer, Road Construction Sub-Division, Jaradug Nauhatta, Rohtas.

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

For the Petitioner/s : Mr. Prabhat Ranjan Singh For the State : Mr. Ashok Kumar Pathak =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 14-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present writ petition, petitioner is seeking direction for release of admitted dues of Rs. 5,42,045/-. As per claim of the petitioner under agreement no.32F2/2011-12 he was allotted the work for repairing the road from Akbarpur to Yadunathpur from 0 to 5 and 21 to 32 K.M. for the year 2011-12 and he has completed the work within the period of two months. The value of work was Rs. 48,02,301/-,

Patna High Court CWJC No.6310 of 2016 dt.14-02-2017 against that bill of Rs.46,59,284/- was prepared. Petitioner has been paid the amount in three installments i.e. Rs. 30,00,000 on 13.7.2012, Rs.10,00,000/- on 2.2.2013 and Rs. 1,17,239/- on 19.3.2013 but remaining amount of Rs.5,42,045/- has not been paid to the petitioner due to paucity of fund. In such view of the matter, the Chief Engineer, South Bihar Road Construction Department, Bihar, Patna is directed to examine the case of the petitioner if it is found he is entitled the said amount release the remaining amount of the petitioner without unnecessary delay.

For convenience, petitioner is directed to file a detailed representation before the Chief Engineer, South Bihar Road Construction Department, Bihar, Patna and Chief Engineer of the said department will be obliged to examine the matter and release the rest amount within a period of three months from the date of filing of the representation.

With the aforesaid observation and direction this writ petition is disposed of.

Vinay/- (Shivaji Pandey, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 16.2.2017 Transmission Date NA