Awadhesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16202 of 2021 ====================================================== Awadhesh Paswan S/o Late Janak Paswan, R/o Chandwaraghat, Harpur, P.S.- Ahiyapur, District - Muzaffarpur.

... ... Petitioner/s

Versus

1.

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

2.

The Chief Engineer, Building Division, North Bihar, Patna. 3.

The District Magistrate, Muzaffarpur.

4.

The Superintending Engineer, Building Division, Muzaffarpur Circle, Muzaffarpur.

5.

The Executive Engineer, Building Division, Muzaffarpur. 6.

The Accountant, Building Division, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raju Kumar For the Respondent/s :

Mr.Ajay Kumar Ambastha ( Sc26 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-09-2021 The present wit petition has been filed seeking the following reliefs:- "(i) To issue an appropriate order/s direction/s including a writ preferably in the nature of mandamus commanding and directing upon the respondents to make the payment of admitted dues of the petitioner amounting to Rs.

7,98,901/- (Rupees seven lacs ninety eight thousand nine hundred and one)

Patna High Court CWJC No.16202 of 2021(2) dt.30-09-2021 2/3 only in lieu of works completed by the petitioner within time against contract entered with the petitioner and respondent no. 5 vide agreement no.

43F2/2017-18 for the S/R to Glass Dor & Window in the camus of S.K.M.C.H. at Muzaffarpur for the period 2017-18.

(ii) To direct the respondents to make the payment of aforesaid admitted dues of the petitioner hence forthwith which has been wrongly and illegally withheld by the respondents.

(iii) To direct the respondents to make the payment of penal interest on the aforementioned dues to the petitioner on account of delay and latches on the part of the respondents."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Respondent No. 5 i.e. the Executive Engineer, Building Division, Muzaffarpur for redressal of his aforesaid grievances.

Patna High Court CWJC No.16202 of 2021(2) dt.30-09-2021 3/3 Accordingly, the present writ petition stands disposed of as not pressed, however, with liberty to the petitioner to approach the Respondent No. 5, by filing appropriate representation within a period of four weeks from today and in case, such a representation is filed, the same shall be disposed of by a speaking and a reasoned order by the Respondent No. 5, in accordance with law, within a period of eight weeks, thereafter.

(Mohit Kumar Shah, J) Ajay/- U