Nutan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19326 of 2017 =========================================================== Nutan Singh, wife of Sri Rajesh Kumar Singh, Resident of Dhorgaon, P.O.- Dhorgaon, P.S.- Madhepura, District- Madhepura. .... .... Petitioner

Versus

1. The State of Bihar, through the Principal Secretary, Road Construction Department, Government of Bihar at Patna.

2. The Engineer in Chief cum Additional Commissioner cum Special Secretary, Road Construction Department, Bihar at Patna.

3. The Chief Engineer, National Highway Wing, Road Construction Department, Bihar at Patna.

4. The Superintending Engineer, National Highway Wing, Road Construction Department, Bihar at Purnea.

5. The Executive Engineer, National Highway Division, Madhepura. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Diwakar Upadhyaya, Advocate For the Respondents : Mr. Syed Md. Najmul Bari, AC to SC20 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 20-02-2018 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. The present writ petition has been filed for a direction to the respondents to pay the remaining due amount of Rs. 5,84,697/- with interest.

4. Learned counsel for the petitioner submits that pursuant

Patna High Court CWJC No.19326 of 2017 dt.20-02-2018 2/3 to an agreement entered into between the respondent, the petitioner completed the work in question against which final bill for Rs. 5,84,697/- has not been paid.

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

6. Having regard to the nature of the grievances of the petitioner and with consent of the parties, this writ petition is disposed of, granting liberty to the petitioner to approach the Chief Engineer, National Highway Wing, Road Construction Department, Bihar at Patna (Respondent No. 3) with a fresh representation for redressal of her 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.

7. It is made clear that this Court is not expressing any

Patna High Court CWJC No.19326 of 2017 dt.20-02-2018 3/3 opinion on the merits of the claim of the petitioner. (Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 26.02.2018 Transmission Date N.A/