Shashi Kant Singh, v. The State Of Bihar Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1462 of 2021 ====================================================== Shashi Kant Singh, Son of Late Jagat Narayan Singh, Resident of MohallaRukanpura, Veer Basawan Singh Nagar, Bailey Road, P.O.-B.V. College, P.S. Rukanpura, District-Patna, Pin-800014.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Building Construction Department, Vishweshwaraiya Bhawan, Bailey Road, Patna-15. 2.

The Principal Secretary, Building Construction Department, Vishweshwaraiya Bhawan, Bailey Road, Patna-15. 3.

The Engineer-in-Chief, Building Construction Department, Vishweshwaraiya Bhawan, Bailey Road, Patna-15. 4.

The Chief Engineer (Patna), Building Construction Department, Vishweshwaraiya Bhawan, Bailey Road, Patna-15. 5.

The Superintending Engineer, Building Construction Department, South Bihar Building Circle, Rajbanshi Nagar, Patna-23. 6.

The Executive Engineer, Building Construction Department, Central Building Division, Patna-15.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Sahay, Advocate Mr. Anil Kumar Sinha, Advocate For the Respondent/s :

Mr. Uday Shankar Sharan Singh, GP-19 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 16-11-2021 Heard learned counsel for the parties.

The petitioner has prayed for the following reliefs:- "(i) For commanding and directing to the concerned respondent to pay the admitted bill amount i.e. Rs. 16,74,523/- (Rupees Sixteen Lakhs Seventy Four Thousand Five Hundred Twenty Three) only relates to following works:-

2/4 Sl.

Name of work Bill Amount (I) Renovation of chamber of Member Board Revenue in Old Secretariat, Patna for the year 2018-19 Rs. 14,84,279/- (ii) Renovation of Animal Husbandry Room No. 135, 137, 138, 158 & 262 at "Vikash Bhawan", Patna, for the year 2016-17 Rs. 1,90,244/- Rs. 16,74,523/- (Rupees sixteen Lakhs Seventy Four Thousand Five Hundred Twenty Three)only.

(ii) For commanding and directing the concerned respondent to pay interest @ 12% per annum over all payable amounts from the dates of its due and till the date of its realization."

After the matter was heard for some time, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is issued to the authority concerned i.e. respondent no. 4 Chief Engineer, to consider and decide the representation which the petitioner shall be filing within a period of four weeks from today for redressal of the grievance(s). Learned counsel for the respondents states that if such a representation is filed by the petitioner, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of three months from the date of its filing along with a copy of

3/4 this order.

Statement accepted and taken on record.

As such, petition stands disposed of in the following terms:- (a) Petitioner shall approach the authority concerned within a period of four weeks from today by filing a representation for redressal of the grievance(s);

(b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of three months from the date of its filing along with a copy of this order;

(c) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties;

(d) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(e) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch;

(f) Liberty reserved to the petitioner to approach the Court,

4/4 if the need so arises subsequently on the same and subsequent cause of action;

(g) We have not expressed any opinion on merits of the matter. All issues are left open;

The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) (S. Kumar, J) ranjan/- AFR/NAFR NA CAV DATE NA Uploading Date Transmission Date NA