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Patna High CourtCWJC/1010/2017disposed

Sanjay Kumar Singh v. The State Of Bihar And ORS

2018-04-30Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1010 of 2017 =========================================================== Sanjay Kumar Singh, S/o Devendra Prasad Singh, New Colony, Old City Court, Guljarbagh, Patna - 7.

.... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Bihar, the Building Construction Department, Patna.

2. The Executive Officer, Building Construction Division, Patna.

3. The Assistant Engineer, Building Construction Division, Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar @ Manu, Advocate For the Respondents : Mr. Rakesh Ranjan, AC to GP22 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 30-04-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. The writ petition has been filed for the following reliefs - "(i) For issuance of the writ of Mandamus for directing the respondents to pay the due amount to the petitioner of work completed within the time of the contract No. F 2 - 1409 (2015-16);

(ii) For issuance of any relief/reliefs for which the petitioner is entitled in the eye of law."

3. Learned counsel for the petitioner submits that despite having completed the contractual work in accordance with the work order granted to him by letter no 2736 dated 05.03.2016, an amount of Rs. 1,49,969/- has not been paid to the petitioner.

Patna High Court CWJC No.1010 of 2017 dt.30-04-2018 2/2

4. Learned counsel for the respondents, on the basis of the statement made in paragraph 11 of the counter affidavit, submits that a representation dated 01.08.2016 received by respondent no. 2 is pending decision by the Liability Committee of the Department.

5. Having regard to the nature of the grievance of the petitioner and in the interest of justice, this Court is of the view that ends of justice will be met if the respondents are directed to dispose of the petitioner's representation dated 01.08.2016, if still pending, without any delay upon receipt of the decision of the Liability Committee of the Department. It is expected that a decision would be taken by the Liability Committee of the Department soon as the matter has already remained pending for more than one and half years since the petitioner files his representation.

6. The writ petition stands disposed of.

(Vikash Jain, J) B.T/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 08.05.2018 Transmission Date N.A.