Amlendu Kumar Pandey v. The State Of Bihar Through The Additional Chief Secretary, Public Works Department

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2871 of 2021 ====================================================== Amlendu Kumar Pandey, Son of Ram Naresh Pandey, Resident of village - Chaita North, P.S. Samastipur, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Public Works Department Government of Bihar, Patna.

2.

The Engineer in chief, Public Works Department, Vishweshwaraya Bhawan, Govt. of Bihar, Patna.

3.

The Superintending Engineer, Building Circle, Darbhanga at and P.O. and Distt.- Darbhanga.

4.

The District Magistrate, Samastipur.

5.

The Executive Engineer, Public Works Department Building Division, Samastipur.

6.

The Junior Engineer, Building Division, Rosera. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anirudh Kumar Sinha, Advocate Mr. Santosh Kumar, Advocate For the Respondent/s :

Mr. Ashok Kumar Dubey, AC to AAG-XI ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 22-11-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s). "That this is an application for issuance of the appropriate writ(s), order(s) or direction (s) for payment of the admitted outstanding dues for Rs. 6,15,018/- (Six Lakhs Fifteen Thousand Eighteen) along with interest against the renovation work of 4 Nos. Toilet and Septic Tank in the campus of Civil

Patna High Court CWJC No.2871 of 2021 dt.22-11-2021 2/3 Court Rosera vide Amlendra Kumar Pandey, agreement No. 158 F2 2018-19 which started on 5.8.2019, date of completion 25.03.2019 and date of measurement 13.03.2019."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the appropriate authority to consider and decide the representation to be filed, within a period of three months from the date of its presentation.

Without expressing any opinion on merits of the claim, petition is disposed of with the liberty aforesaid. All issues on facts and law are left open.

Needless to say that while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate petition(s), if so required and desired.

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

We are hopeful that as and when petitioner takes

Patna High Court CWJC No.2871 of 2021 dt.22-11-2021 3/3 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. The petition stands disposed of in the aforesaid terms. Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) veena/rajivAFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA