Ajay Kumar Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4506 of 2014 =========================================================== Ajay Kumar Singh Son of Hrishikesh Singh Resident of Village + P.O. - Manikpur, P.S. - Indrapuri, District - Rohtas .... .... Petitioner
Versus
1. The State of Bihar
2. The Principal Secretary, Road Construction Department, Government of Bihar, Patna.
3. The Engineer-in-Chief, National Highway Road Construction Department, South Bihar, Patna.
4. The Chief Engineer, National Highway Road Construction Department, Patna.
5. The Chief Engineer, South Bihar (Yata Yat) Up-Bhag, Road Construction Department, Bihar, Patna.
6. The Superintending Engineer, Road Construction Department, Bhojpur Road Circle, Ara.
7. The Executive Engineer, Road Construction Department, Road Division, Dehri Onsone, Rohtas.
8. The Executive Engineer, National Highway Road Division, Aurangabad. .... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Ashutosh Ranjan Pandey, Mr. Rakesh Narayan Singh, Advocates For the Respondents : Mr. Krishna Kumar Singh, AC to GP 17 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 11-01-2016 Heard learned counsel for the petitioner and learned Counsel for the State.
2. The present writ petition has been filed for a direction to the respondents to make payment of the amount claimed by the petitioner to be due to him pursuant to work having been completed in terms of the tender awarded in favour of the petitioner.
3. It is submitted on behalf of the petitioner that despite being entitled to the amount as claimed by the petitioner, only partial payment has been made, leaving a considerable amount outstanding to
Patna High Court CWJC No.4506 of 2014 dt.11-01-2016 2/2 be paid.
4. In the above view of the matter, this writ petition is disposed of with consent of the petitioner, granting him liberty to approach the Engineer-in-Chief, National Highway Road Construction Department, South Bihar, Patna (Respondent No. 3) with a fresh representation for redressal of his 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 9% 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.
5. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) B.T/- U