Baban Kumar Singh v. The State Of Bihar And ORS
Patna High Court CWJC No.8835 of 2018 dt.15-05-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8835 of 2018 =========================================================== Baban Kumar Singh, son of late Jagdish Pd. Singh, r/o. moh. MIG 90, Housing Board Colony, Gaya, P.S. Rampur, District Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Govt. of Bihar, Rural Works Department, Bisheshwaraiya Bhawan, Bailey Road, Patna
2. The Engineer-in-Chief, Rural Works Deptt., Bisheshwaraiya Bhawan, Bailey Road, Patna
3. The Chief Engineer-1, Rural Works Department, Bisheshwaraiya Bhawan, Bailey Road, Patna
4. The Superintending Engineer, Rural Works Department, Works Division, Gaya, District Gaya.
5. The Executive Engineer, Rural Works Department, Works Division, Gaya, District Gaya.
.... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Ravindra Kumar Sinha, Adv For the Respondent/s : Mr. KUMAR ALOK -SC7 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 15-05-2018 Heard learned counsel for the petitioner and learned Counsel for the respondents.
2. The present writ petition has been taken up out of turn on the request of learned counsel for the petitioner for disposal of the same with a direction to the respondents to pay the admitted dues of the petitioner.
3. Learned counsel for the petitioner submits that despite having completed the contract work as per Agreement No. 12F2/08-09 dated 25.02.2009 for maintaining/improvement of Road from Fatehpur Rajauli Road to Kuhari via Manjhauli under ASAD (Aapki Sarkar Apke Dwar), an amount of Rs. 12,15,000/- remains outstanding for payment.
4. Learned counsel for the respondents appears and has been heard.
5. Having regard to the nature of the grievances of the
Patna High Court CWJC No.8835 of 2018 dt.15-05-2018 petitioner and with the consent of the parties this writ petition is disposed of, granting liberty to the petitioner to approach the Executive Engineer, Rural Works Department Works Division, Gaya, District Gaya (Respondent No. 5) with a fresh detailed 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 petitioner, within a period of six weeks from the date of receiving the petitioner's representation.
Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioner 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 its actual payment. In case the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be disposed of by a speaking order in that regard.
6. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 17.05.2018 Transmission Date NA