M/S Dinesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7868 of 2017 =========================================================== M/s Dinesh Kumar, Aged about 45 years, S/o Sri Ram Shankar Singh, R/o Sushila Sadan, Road No.1, Rajeev Nagar, Patna-24.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Building Construction Department, Bihar, Bishweshraiya Bhavan, Bailey Road, Patna.

2. The Engineer-in-Chief cum Commissioner cum Special Secretary, Building Construction Department, Bihar, Patna.

3. The Chief Engineer, Building Construction Department at Patna.

4. The Superintendent Engineer, Design Circle-1, BCD, Patna.

5. The Electrical Ex-Engineer, Electrical Estimating Division No.-1, BCD, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Ms. Usha Kumari For the Respondent/s : Mr. Raj Ballabh Pd. Yadav- AAG11 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 26-07-2017 Heard learned counsel for the parties.

In this case, a prayer has been made for payment of Rs. 4,30,000/- including EMD/ Security deposit which he has made at the time of entering into the agreement along with interest. An advertisement was published for execution of the electrical work in D Type Quarter One Block at Biharsharif, District Nalanda, in pursuance thereof, he entered into the agreement for work value of Rs. 6,80,046/-, the work was completed within time but, he has not been paid the entire amount and is entitled to Rs. 4,30,000/- as an outstanding dues against the respondent.

Let the petitioner should file a detailed representation to

Patna High Court CWJC No.7868 of 2017 dt.26-07-2017 the Principal Secretary, Building Construction Department, Government of Bihar who will examine the case of the petitioner and verify the statement with respect to completion of the work by the petitioner. If it is found that the petitioner has carried out the work and has completed the same in terms of the agreement, it goes without saying that the admitted dues should paid to the petitioner within a period of four months from the date of filing of the representation along with a copy of this order.

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

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 31.07.2017 Transmission Date NA