Arjun Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1844 of 2012 ======================================================

1. Arjun Kumar Son Of Late Braj Nandan Paswan Resident Of MohallaRaja Bazar, P.S.-Shastri Nagar, District Patna .... .... Petitioner/s

Versus

1. The State Of Bihar Through Secretary, Building Construction Department, Govt. Of Bihar, Patna

2. The Executive Engineer, Building Construction Department, Patna Division, Patna

3. The Executive Engineer, Building Construction And Housing Department Central Division, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar @ Manu For the Respondent/s : Mr. Avinash Kumar, A.C. to S.C.-15 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-04-2017 Heard learned counsel for the petitioner and learned counsel appearing of behalf the Respondents.

In pursuance of the order dated 12.04.2017, two sets of supplementary counter-affidavits have been filed by the Respondent Nos. 2 and 3.

In the present affidavits, it has been submitted by the Respondents that the entire amount of bill payable to the petitioner has been paid to him after deduction of the statutory amount of the bill. A cheque bearing No. 697685 dated 21.04.2017 after deduction against the bill amount of Rs. 35405/- for an amount of Rs. 31577/-, and the other bill has also been paid to the petitioner on 12.04.2017 for a sum of Rs. 44141/- through cheques No. 697681

Patna High Court CWJC No.1844 of 2012 (6) dt.25-04-2017 P2/2 dated 31.03.2017. Accordingly, no further amount remains due to the petitioner.

The Executive Engineer, Building Construction Department, Patna Division, Patna and the Executive Engineer, Building Construction and housing Department, Central Division, Patna, (Respondent Nos. 2 and 3 respectively) are both personally present who accept that the delay was caused on account of unavoidable circumstances and now that the bill has been paid, no further grievance of the petitioner survives.

The details of the payments made to the petitioner have been stated in the respective affidavits filed by both the Respondents in their supplementary counter-affidavits filed today. In view of the aforementioned facts and circumstances and that the payments have already been made and no further grievance of the petitioner survives, the present writ application is disposed of.

(Anjana Mishra, J) Saif/- U