Rajeev Kumar Choudhary v. The State Of Bihar And ORS

Patna High Court CWJC No.1531 of 2018 dt.09-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1531 of 2018 =========================================================== Rajeev Kumar Choudhary, son of Binod Narayan Choudhary, resident of Satpura Colony, P.S. Kajimohammadpur, District- Muzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Building Construction Department, Bihar, Patna.

2. The Chief Engineer (North) Building Construction Department, Bihar, Patna.

3. The Superintending Engineer, Building Circle, Darbhanga.

4. The Executive Engineer, Building Construction Department, Construction Division, Darbhanga.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Pradhsu Murli Manohar Prasad Mr. Raju Kumar Goswami, Advocates.

For the Respondents : Mr. Chittranjan Sinha, PAAG-2 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 09-03-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. This matter has been taken up out of turn on the request of learned counsel for the petitioner for payment of its outstanding dues.

3. The present writ petition has been filed for payment of outstanding dues of the petitioner.

4. Learned counsel for the petitioner submits that despite having completed the contract work in respect of 100 bedded Minorities Girls Hostel, Millat College, Darbhanga, an amount of Rs. 1,10,81,136/-/- remains outstanding for payment.

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

6. Having regard to the nature of the grievances of the

Patna High Court CWJC No.1531 of 2018 dt.09-03-2018 petitioners and with consent of the parties, this writ petition is disposed of, granting liberty to the petitioner to approach the Executive Engineer, Building Construction Department, Construction Division, Darbhanga (Respondent No. 4) 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 petitioners, within a period of six weeks from the date of receiving the petitioners' representation.

Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioners 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 his actual payment. In case the petitioners' claim is found inadmissible, whether in whole or in part, the petitioners' representation shall be disposed of by a speaking order in that regard.

7. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE NA.

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