Ashok Kumar v. The State Of Bihar And ORS

Patna High Court CWJC No.11943 of 2017 dt.18-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11943 of 2017 =========================================================== Ashok Kumar, son of Shivnath Sah, Resident of Shiv Nilay, New Yarpur, Gardanibagh, Road No.1, Pathar Ki Gali, PO & PS- Gardanibagh, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna.

2. The Chief Engineer, Public Health Engineering Department, Patna.

3. The Superintending Engineer, Public Health Engineering Circle, Muzaffarpur.

4. The Executive Engineer, Public Health Engineering Division, Muzaffarpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar, Adv For the Respondent/s : Mr. S.RAZA AHMAD - AAG5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 18-01-2018 Heard learned counsel for the petitioner and learned Counsel for the respondents.

2. The present writ petition has been taken up out of turn on the request of learned counsel for the petitioner for disposal of the same with a direction to the respondents to pay the admitted dues of the petitioner.

3. It is submitted that despite having completed the entire awarded work of repairing of motor pump of water supply centre in the rural area around Hajipur for the financial year 2009-10 and in view of the ongoing correspondence between the parties in which the respondents have even admitted a large part of the claim, no payment so far been made to the petitioner.

4. Learned counsel for the respondents appears and has been heard.

5. Having regard to the nature of the grievances of the petitioner and with the consent of the parties this writ petition is

Patna High Court CWJC No.11943 of 2017 dt.18-01-2018 disposed of, granting liberty to the petitioner to approach the Executive Engineer, Public Health Engineering Division, Muzaffarpur (Respondent No. 4) with a fresh representation for redressal of his grievances. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of, ensuring payment to the extent found due to the petitioner, within a period of six weeks from the date of receiving the petitioner's representation. Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioner to receive payment together with simple interest at the rate of 6% per annum on the admitted dues calculated from the date when the amount became due till the date of its actual payment. In case the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be disposed of by a speaking order in that regard.

6. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 23.01.2018 Transmission Date NA