Shree Mithila Construction Private Limited v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9642 of 2025 ====================================================== Shree Awadh Mithila Construction Private Limited through its Director Anirudh Prasad Sahi, aged about 62 years, Male, Son of Ram Naresh Shahi, resident of Village- Baruraj, P.S.- Motipur, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Health Department, Bihar, Patna.

2.

The District Magistrate, Muzaffarpur.

3.

The Civil Surgeon-cum-Member Secretary, District Health Samiti, Muzaffarpur.

4.

The General Manager, Project and Formulation, Bihar Medical Services and Infrastructure Corporation Limited 4th Floor, Bihar State Building Construction Corporation Limited, Hospital Road, Shastri Nagar, Patna. 5.

The Deputy General Manager (Project) Limited, Bihar Medical Services and Infrastructure Corporation, Bihar State Building Construction Corporation Limited, Hospital Road, Shastri Nagar, Patna. 6.

The Manager (Project) Bihar Medical Services and Infrastructure Corporation, Bihar State Building Construction Corporation Limited, Hospital Road, Shastri Nagar, Patna.

7.

The Incharge Community Health Centre, Sahebganj, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raju Kumar, Adv.

For the Respondent/s :

Smt. Binita Singh, Standing Counsel (28) For the BMSICL Mr. Lalit Kishore, Sr. Adv.

Mr. Vikash Kumar, Adv.

Mr. Ayush Kumar, Adv.

Mr. Kanishka Shankar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 17-07-2025 Heard the learned counsel for the parties.

2. This writ petition has been filed for the following relief(s):- "(i) To issue an appropriate order/s, direction/s including a writ preferably in the nature of mandamus commanding and directing upon the

2/4 respondents to make the payment of a sum of Rs. 3,15,41,656/- (Three Crores, Fifteen Lacs, Forty One Thousand, Six Hundred and Fifty Six) only for construction of three Additional Primary Health Centre and 15 Health and Wellness Centre at different places of 96 BARURAJ, 97 Paru, 98 Sahebganj Vidhan Sabha, District- Muzaffarpur against agreement No. HWCAPHC/SBO/145/2021-22 dated 19.01.2022.

(ii) To direct the respondents to make the payment of penal interest @ 18% p.a. to the petitioner, on the above-mentioned admissible dues.

(iii) To any other relief/s to which the petitioner may be found entitled in the facts and circumstances of the case.

3. Learned counsel appearing on behalf of the petitioner is directed to make the necessary correction in the cause title of the present writ petition during the course of the day.

4. Learned counsel appearing on behalf of the petitioner has stated that after completion of the works entrusted to the petitioner, the petitioner has submitted the bills but till date the same has not been paid. Learned counsel has stated that the petitioner has given representations dated

3/4 12.05.2025 (Annexure P/4) and a direction may be given to the authority concerned to consider the same and make the necessary payments in accordance with law.

5. Learned counsel appearing on behalf of the respondents has stated that he has no objection if a direction is given to the concerned authority to consider the representation made by the petitioner strictly in accordance with law. However learned counsel has stated that the petitioner may be directed to give a fresh representation to the authority concerned.

6. Having regard to the above made submissions, the present CWJC is disposed of directing the petitioner to give a suitable representation ventilating his grievance within a period of four weeks from today. On receipt of the representation, the Respondent No. 4 herein is directed to consider the said representation made by the petitioner as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. In case the claim of the petitioner is found to be genuine, the Respondent No. 4 shall take necessary steps for making the payment of the amount due to the petitioner. In case the authority concerned rejects the claim of the petitioner, he shall pass a reasoned order, giving

4/4 reasons for the same.

7. It is needless to mention that before passing any orders, the petitioner shall be given an opportunity of hearing. Any order passed shall be communicated to the petitioner.

8. With the above directions, the present CWJC is disposed of.

(A. Abhishek Reddy , J) Bhardwaj/- U