Hari Mohan Bishwas, A Proprietorship Firm Through Its Proprietor Hari Mohan Bishwas, v. Bihar State Educational Infrastructure Development Corporation Ltd.,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11741 of 2023 ====================================================== Hari Mohan Bishwas A Proprietorship firm through its Proprietor Hari Mohan Bishwas, aged about 47 Yrs, (Male). Son of Sri Sagam Lal Bishwas, Resident of Village Bharra, Post office- Kalsar, P.S.- Dandkhora, Anchal Hasanganj, Distt-Katihar- 854337.
... ... Petitioner/s
Versus
1.
Bihar State Educational Infrastructure Development Corporation Ltd. A Govt. of Bihar Undertaking (B.S.E.I.D.C) office at Shiksha Bhawan, Bihar Rastrabhasa Prishad Campus, Acharya Shivpujan Sahay Path, Saidpur, Patna- 800004, through its Managing Director, 2.
The Managing Director, B.S.E.I.D.C. at Patna. 3.
The Chief Engineer, B.S.E.I.D.C at Patna, 4.
The Executive Engineer, B.S.E.I.D.C, at Purnia. 5.
The Junior Engineer B.S.E.I.D.C, at Purnia.
... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 11742 of 2023 ====================================================== Hari Mohan Bishwas a Proprietorship firm through its Proprietor Hari Mohan Bishwas, aged about 47 Yrs. (Male), Son of Sri Sagam Lal Bishwas, Resident of Village- Bharra, Post Office- Kalsar, P.S.- Dandkhora, Anchal- Hasanganj, Distt.- Katihar- 854337.
... ... Petitioner/s
Versus
1.
Bihar State Educational Infrastructure Development Corporation Ltd. A Govt. of Bihar Undertaking (B.S.E.I.D.C.) office at Shiksha Bhawan, Bihar Rastrabhasa Prishad Campus, Acharya Shivpujan Sahay Path, Saidpur, Patna- 800004, through its Managing Director. 2.
The Managing Director, B.S.E.I.D.C. at Patna. 3.
The Chief Engineer, B.S.E.I.D.C. at Patna.
4.
The Executive Engineer, B.S.E.I.D.C. at Purnia. 5.
The Junior Engineer, B.S.E.I.D.C. at Purnia.
... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 11773 of 2023 ====================================================== Hari Mohan Bishwas a Proprietorship firm through its Proprietor Hari Mohan Bishwas, aged about 47 Yrs, (Male), Son of Sri Sagam Lal Bishwas, Resident of Village - Bharra, Post Office - Kalsar, P.S. - Dandkhora, Anchal - Hasanganj, Distt. - Katihar - 854337.
2/4 ... ... Petitioner/s
Versus
1.
Bihar State Educational Infrastructure Development Corporation Ltd. A Govt. of Bihar Undertaking (B.S.E.I.D.C) Office at Shiksha Bhawan, Bihar Rastrabhasa Parishad Campus, Acharya Shivpujan Sahay Path, Saidpur, Patna - 800004, through its Managing Director, Agreement No. 55 SBD of 2015-2016/GROUP NO. USSS- 188B/14.5.2015 2.
The Managing Director, B.S.E.I.D.C at Patna.
3.
The Chief Engineer, B.S.E.I.D.C at Patna.
4.
The Executive Engineer B.S.E.I.D.C, at Purnia. 5.
The Junior Engineer B.S.E.I.D.C, at Purnia.
... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 11778 of 2023 ====================================================== Hari Mohan Bishwas, a Proprietorship firm through its Proprietor Hari Mohan Bishwas, Son of Sri Sagam Lal Bishwas, Resident of Village- Bharra, Post Office- Kalsar, P.S.- Dandkhora, Anchal- Hasanganj, Distt- Katihar-854337. ... ... Petitioner/s
Versus
1.
Bihar State Educational Infrastructure Development Corporation Ltd., A Govt. of Bihar Undertaking (B.S.E.I.D.C) office at Shiksha Bhawan, Bihar Rastrabhasa Prishad Campus, Acharya Shivpujan Sahay Path, Saidpur, Patna-800004, through its Managing Director.
2.
The Managing Director, B.S.E.I.D.C at Patna.
3.
The Chief Engineer, B.S.E.I.D.C at Patna.
4.
The Executive Engineer, B.S.E.I.D.C at Purnia. 5.
The Junior Engineer, B.S.E.I.D.C at Purnia.
... ... Respondent/s ====================================================== Appearance :
(In Civil Writ Jurisdiction Case No. 11741 of 2023) For the Petitioner/s :
Mr.Chiranjiva Ranjan For the Respondent/s :
Mr.Girijish Kumar (In Civil Writ Jurisdiction Case No. 11742 of 2023) For the Petitioner/s :
Mr.Chiranjiva Ranjan For the Respondent/s :
Mr.Girijish Kumar (In Civil Writ Jurisdiction Case No. 11773 of 2023) For the Petitioner/s :
Mr.Chiranjiva Ranjan For the Respondent/s :
Mr.Girijish Kumar (In Civil Writ Jurisdiction Case No. 11778 of 2023) For the Petitioner/s :
Mr.Chiranjiva Ranjan For the Respondent/s :
Mr.Girijish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
3/4 ORAL ORDER 11-12-2025
1. Heard learned counsel for the parties concerned.
2. The relief prayed for in all four writ petitions are identical and the parties are also identical accordingly these writ petitions are being taken up together.
3. The petitioner has filed the present writ applications for payment of admitted amount towards the work done prior to the rescinding of the contract. The petitioner was awarded a contract by respondent no. 1-Bihar State Educational Infrastructure Development Corporation Ltd (in short "BSEIDCL") for construction of schools.
4. It is not disputed that the petitioner had earlier came to this Court in CWJC No. 10082 of 2021, CWJC No. 10050 of 2021 and CWJC No. 10500 of 2021 and this Court after quashing the orders rescinding the contract, directed the Managing Director, BSEIDCL, Patna, to pass a reasoned order on the claim of the petitioner.
5. The reasoned order has been passed by the respondent no. 2- Managing Director, BSEIDCL, Patna, dated 07.03.2022, which is part of Annexure-5/1 of the writ applications. The respondent no. 2 has found the claim of the petitioner towards work done to be admissible and directed for payment of amount towards the work done by the petitioner
4/4 along with security deposit.
6. Learned counsel for the petitioner submits that respondent-authorities have filed counter affidavit in which amount calculated towards the work done has been disclosed
7. Learned counsel for the respondent-BSEIDCL submits that direction may be given to the authorities to refund the amount along with security deposit within a reasonable time frame.
8. Having considered the submission advanced by the parties and the fact that the amount payable to the petitioner is admitted, accordingly, I direct the respondent no. 2Managing Director, BSEIDCL, Patna, to refund the calculated amount towards work done to the petitioner along with security deposit given by him against the respective work orders, bearing group nos. USSS-194C, SSS-80 and USSS-188B, within a period of two months from the date of receipt/production of the copy of this order.
9. With the aforesaid observation and direction, this writ application stands disposed.
(Anil Kumar Sinha, J) ashwani/- U