Nidhi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17027 of 2021 ====================================================== Nidhi Devi W/o Rakesh Choudhary R/o Village-Kharauna Dih, P.S.-Kudhani, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

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

2.

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

The District Magistrarte, 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, Advocate For the Respondent/s :

Mr.Uday Shankar Saran Singh ( GP15 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-10-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Mr. Uday Shankar Saran Singh, learned GP 15 appearing for the State.

The present writ petition has been filed seeking following reliefs :- "(i) To issue an appropriate order/s directions/s including a writ preferably in

Patna High Court CWJC No.17027 of 2021(2) dt.01-10-2021 2/3 the nature of Mandamus commanding and directing upon the respondents to make the payment of admitted dues of the petitioner amounting to Rs. 2,43,809/- only in lieu of works completed by the petitioner within time against contract entered with the petitioner and respondent no. 5 vide Agreement no. 117F2/2020-21 for the work of E/R BOQ for Flooring of Control Room for Covid-19 Hospital at Patahi, Airbase, Muzaffarpur for the yer 2020-21 and the rate approved by S.E. Building Circle Muzaffarpur vide letter no. 989 (Enc) Dated 13.11.2020.

(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- Executive Engineer, Building Division, Muzaffarpur (i.e. respondent no. 5) for redressal of her aforesaid

Patna High Court CWJC No.17027 of 2021(2) dt.01-10-2021 3/3 grievances.

The learned counsel appearing for the State has got no objection.

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 and in case, such a representation is filed within a period of four weeks from today, the same shall be considered in accordance with law and a reasoned and a speaking order shall be passed within a period of eight weeks, thereafter. (Mohit Kumar Shah, J) rinkee/- U