Ramji Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4852 of 2014 ===========================================================

1. Ramji Prasad Son Of Late Ram Lakhan Mahto Resident Of Mohalla- Mathuria, Aryasamaj Gali, Neeraj Bhawan, Biharsharif, P.S.- Laheri, Dist.- Nalanda .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The District Magistrate, Nalanda

3. The In-Charge District Magistrate Janshikayat Koshang Nalanda, DistrictNalanda

4. The Deputy Development Commissioner-Cum-Chairman Zila Jal And Swachhata Samittee, Nalanda Null Null

5. The Executive Engineer, Public Health Division Bihar-Sharif-Cum-Member Secretary Zila Jal And Swachhata Samittee Nalanda, Dist.- Nalanda .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar, Advocate. For the Respondent/s : Mr. A.Ujjwal, Advocate. =========================================================== 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 be paid.

Patna High Court CWJC No.4852 of 2014 dt.11-01-2016 2/2

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 Executive Engineer, Public Health Division Biharsharif-cum-Member Secretary Zila Jal and Swachhata Samittee, Nalanda, Dist- Nalanda (Respondent No. 5) 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) Md. Ibrarul/- U