Nripendra Kumar Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7646 of 2016 =========================================================== Nripendra Kumar Sinha, Son of Late Sarvanand Sinha, Presently working as registered contractor in the Building Construction Department, Government of Bihar, Patna and residing at D/101, People's Co-operative Colony, Kankarbagh, Police Station- Kankarbagh in the town and District of Patna. .... .... Petitioner

Versus

1. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna.

2. The Secretary, Building Construction Department, Government of Bihar, Patna.

3. The Principal Secretary, Energy Department, Government of Bihar, Patna.

4. The Chief Engineer (Electrical) Building Construction Department, Bihar, Patna.

5. The Electrical Superintending Engineer, Electric Works Circle, Building Construction Department, Patna.

6. The Electrical Executive Engineer, Electric Works Division No.1, Building Construction Department, Patna.

7. The Treasury Officer, Patna Treasury, Gandhi Maidan, Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Ranjit Kumar Singh, Adv. For the Respondent/s : Mr. Gopal Krishna, A.C. to G.A.-7 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 17-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

2.

In the present case, the petitioner is claiming that respondent No.3- the Principal Secretary, Energy Department,

Patna High Court CWJC No.7646 of 2016 dt.17-01-2017 2/3 Government of Bihar, Patna be directed to release the fund with respect to the work discharged by him.

3.

It is admitted fact that the petitioner was awarded a contract by the Energy Department and in pursuance thereof, he has completed the work in terms of the agreement, but payment has not been made to the petitioner.

4.

Learned counsel for the State submits that though the work was allotted by the Energy Department, but due to internal arrangement, the matter has gone to the Building Construction Department.

5.

It is the internal matter of the State and for that the petitioner should not suffer in view of the fact that the Energy Department in its counter affidavit has not disputed the claim of the petitioner.

6.

In such view of the matter, let the petitioner file a proper application along with the copy of the present order before the Principal Secretary, Building Construction Department, Government of Bihar, Patna, who will examine the claim of the petitioner after calling the records of the case and release the admitted amount to the petitioner within a period of four (4) weeks

Patna High Court CWJC No.7646 of 2016 dt.17-01-2017 3/3 from the date of receipt of the application of the petitioner. 7.

With the aforesaid observations and directions, this writ application is disposed of.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.AF.R.

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