Lalan Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2083 of 2015 ===========================================================

1. Lalan Prasad Singh S/o Sheo Raj Singh resident of Road No. 25F , Rajiv Nagar, P.S- Rajiv Nagar, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secetary, Rural Works Department , Government of Bihar, Patna,.

2. The Principal Secretary Rural Works Department , Government of Bihar, Patna,.

3. The Additional Secretary, Rural Works Department , Government of Bihar, Patna,.

4. The Officer on Special Duty, Rural Works Department , Government of Bihar, Patna,.

5. The Chief Engineer, Rural Works Department , Government of Bihar, Patna,.

6. The Superintending Engineer , Rural Works Department , Circle Munger.

7. The Executive Engineer, Rural Works Department , Works Division , Lakhisarai, District- Lakhisaria.

8. Accountant General , Bihar, Patna.

9. Treasury Officer, District Treasury Patna.

10. The Director , Provident Fund , Government of Bihar, Patna,

11. District Provident Fund Officer, Lakhisarai. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Pranav Kumar Jha For the Respondent/s : Mr. ASHOK KUMAR KESHRI =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 30-04-2015 *************** 30.04.2015 Heard learned counsel for the parties.

Annexure-3 is a decision taken by the Executive Engineer on the basis of a written undertaking given by the petitioner himself before the authorities to adjust a sum of Rs. 2,93,344 /- against the advance of Rs. 7,000,00/- taken and accounts of only Rs. 4,06,656/- was provided.

This is not a matter, which requires any

Patna High Court CWJC No.2083 of 2015 dt.30-04-2015 2/2 adjudication by the Court, because the decision is not unilateral, it is on the offer and submission of the petitioner before the authority. In addition to that, these are matters of accounting and verification of the work done on the ground level, for which no exercise of discretion is needed under Article 226 of the Constitution of India.

It is left open to the petitioner to satisfy the authorities of the work done against Rs. 7,00,000 /- advance taken by him or the amount shown in Annexure-3 will have to be adjusted or returned. Writ application is otherwise dismissed.

(Ajay Kumar Tripathi, J.) SKM/- U