Pramod Kumar Choudahry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5258 of 2021 ====================================================== Pramod Kumar Choudahry S/o Shivchandra Chaudhary Resident of VillageHarpur Maks, Ward No.7, Raghai. P.S.-Meenapur, District-Muzaffarpur ... ... Petitioner/s

Versus

1.

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

2.

The Chief Engineer, Building Division, North Bihar, Patna. 3.

The Superintendent Engineer, Building Division, Muzaffarpur Circle, Muzaffarpur 4.

The Executive Engineer, Building Division, Muzaffarpur. 5.

The Accountant, Building Division, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raju Kumar, Advocate For the Respondent/s :

Mr.Ashok Kr. Dubey (AC to AAG 9) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-10-2021 Heard the learned counsel for the petitioner and Sri Ashok Kr. Dubey, AC to AAG 9 appearing for the State. The petitioner, by way of the present writ petition, seeks the following reliefs :- "(i) To issue an appropriate order/s directions/s including a writ preferably in the nature of Mandamus commanding and directing upon the respondents to make the payment of admitted dues of the petitioner amounting to Rs. 2,25,112/- (Rs. Two lacs Twenty Five thousand one hundred and twelve only) in lieu of works completed by the petitioner within time against contract

Patna High Court CWJC No.5258 of 2021(2) dt.05-10-2021 2/3 agreement no. 273-F2/2018-19 entered with the petitioner and respondent no. 5 for repair of septic tank and sack pit of Associate Professor Residence block 1, 2 & 3 (hostel no. 2 & 3) in the campus of SKMCH at Muzaffarpur for the year 201819.

(ii) To direct the respondents to make the payment of aforesaid admitted dues of the petitioner hence forthwith which has been wrongly and illegally withheld by the respondents.

(iii) To direct the respondents to make the payment of penal interest on the aforementioned dues to the petitioner on account of delay and latches on the part of the respondents."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Executive Engineer, Building Division, Muzaffarpur for redressal of his aforesaid grievances.

Accordingly, the present writ petition stands disposed of as not pressed, however with liberty to the petitioner to approach the respondent no. 4 i.e. the Executive Engineer, Building Division, Muzaffarpur and in case, appropriate petition is filed within a period of four weeks from today, the respondent

Patna High Court CWJC No.5258 of 2021(2) dt.05-10-2021 3/3 no. 4 shall dispose of the same by a reasoned and a speaking order, within a period of eight weeks, thereafter. (Mohit Kumar Shah, J) rinkee/- U