Ram Krishna Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24663 of 2013 =========================================================== Ram Krishna Prasad, aged about 50 years, S/o Late Mahabir Prasad, R/o Village- Jolah Bigha, P.S- Kako, District - Jehanabad. .... .... Petitioner

Versus

1. The State Of Bihar

2. District Magistrate, Jehanabad.

3. Executive Engineer, National Rural Employment Programme, Jehanabad. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Mukesh Kumar, Advocate For the Respondents : Mr. Rajesh Singh, GP 16 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 31-07-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. The present writ petition has been filed for the following reliefs - "(i) For direction upon the resp. to make payment to the petitioner against the road construction work done by the petitioner under the National Rural Employment Programme, Jehanabad forthwith.

(ii) For any other relief/reliefs to which the petitioner may be entitled to."

3. Learned counsel for the petitioner submits that substantial part of the work of road construction has already been

Patna High Court CWJC No.24663 of 2013 dt.31-07-2018 2/3 completed by the petitioner. It is further submitted that even though allotment has been received by the Department, no payment whatsoever has been made to the contractor till date. Several representations have been filed before the authorities but to no avail.

4. Learned counsel for the respondents appears and has been heard.

5. Having regard to the nature of the grievances of the petitioner and with consent of the parties this writ petition is disposed of, granting liberty to the petitioner to approach Executive Engineer, National Rural Employment Programme, Jehanabad (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 6% 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

Patna High Court CWJC No.24663 of 2013 dt.31-07-2018 3/3 order in that regard.

6. 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/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 02.08.2018 Transmission Date N.A.