Bhagya Narayan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15177 of 2021 ====================================================== Bhagya Narayan Ray S/o Kanai Ray R/o Village- Turki, P.S.- Kurhani, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Rural Works Department Bihar, Patna.

2.

The Chief Engineer Rural Works Department North Bihar, Patna. 3.

The District Magistrate Muzaffarpur.

4.

The Superintending Engineer Rural Works Department, Works Circle, Muzaffarpur.

5.

The Executive Engineer Rural Works Department, Works Circle, Muzaffarpur West, Muzaffarpur.

6.

The Accountant Rural Works Department, Works Circle, Muzaffarpur West, Muzaffarpur.

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

For the Petitioner/s :

Mr.Raju Kumar, Advocate For the Respondent/s :

Mr. Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-10-2021 The present writ petition has been filed seeking the following reliefs:- "(i) To issue an appropriate order/s direction/s including a writ preferably in the nature of Mandamus commanding and directing upon the respondents to make payment of admitted dues of the petitioner amounting to Rs. 12,85,654/- (Rupees Twelve lakh Eighty Five thousand Six hundred and Fifty Four) only in lieu of works completed by the petitioner within time against contract entered with the petitioner and respondent no. 5 vide Agreement No. 5F2/2016-17 for the construction of R.C.C. Bridge in Paroo Prakhand Antargat Bhagwanpur Simra Mandir to Moti Chhapra Janewali Sadak me Nahri Par Pul ka Nirman.

(ii) To direct the respondents to make the payment of aforesaid admitted dues of the petitioner hence

Patna High Court CWJC No.15177 of 2021(2) dt.05-10-2021 2/2 forthwith which has been wrongly and illegally withheld by the respondents.

(iii) To direct the respondents to make the payment of penal interest on the aforementioned dues to the petitioner on account of delay and laches on the part of the respondents."

At the outset, the learned counsel for the petitioner submits that the petitioner would be approaching the respondent no. 5 i.e. Executive Engineer, Rural Works Department, Works Circle, Muzaffarpur West, Muzaffarpur for redressal of his aforesaid grievances, however, the respondent no. 5 be directed to dispose off the representation of the petitioner within a stipulated time frame.

Accordingly, the present writ petition stands disposed off as not pressed, however, with liberty to the petitioner to file appropriate representation before the respondent no. 5 and in case such a representation is filed within a period of four weeks from today, the same shall be disposed off by a reasoned and a speaking order, in accordance with law, within a period of eight weeks, thereafter.

(Mohit Kumar Shah, J) S.Sb/- U