Shyam Bihari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6489 of 2017 ====================================================== Shyam Bihari S/o late Mahendra Narayan Chaudhary, R/o Village-Kharauna, Dih, P.S.-Kudhni, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Road Construction Department, Government of Bihar, Patna 2.

The Chief Engineer, Road Construction Department, Government of Bihar, Patna.

3.

The Superintendent Engineer, National Highway Livision, Muzaffarpur. 4.

The Executive Engineer, National Highway Division No. 2, Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shishir Kumar For the Respondent/s :

Mr.Uday Shankar Sharan Singh-Gp19 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 15-07-2024

1. Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. Subsequent to the filing of this writ petition, the petitioner has received the payment of Rs. 27,59,970/- in the month of April, 2024 after the lapse of 15 years.

3. On 19.06.2024 this Court heard the learned counsel for the petitioner and learned counsel for the respondents and have directed the respondents to get instructions for the remedy of the petitioner for interest on the principal amount. Inspite of it, the learned counsel for the respondents reports to the Court that there is no instruction from the Department.

4. Without going into the merits of the case, it is an

Patna High Court CWJC No.6489 of 2017(8) dt.15-07-2024 2/2 admitted fact that the petitioner had to receive the payment, for which an amount of Rs. 27,59,970 was paid to the petitioner in the month of April, 2024 but the said amount was lying with the respondents for the past 15 years i.e. from year 2009. Therefore, the petitioner is entitled for an interest of 6% on the principal amount of Rs. 27,59,970/-.

5. Accordingly, the respondents are directed to pay the interest on the sum of Rs. 27,59,970/- within a period of four months from the date of receipt of copy of this order.

6. With the aforesaid observation, the writ petition stands disposed of.

(G. Anupama Chakravarthy, J) amitkr/- U