Md. Islam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 4162 of 2021 ====================================================== Md. Islam S/o Mohammad Hanif R/o Village- Harchanda, Post- Panapur Kariyal, P.S.- Kanti, 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 Superintending 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. Ravi Bhardwaj (AC to GA 13) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-09-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

The present writ petition has been filed seeking the following reliefs :- "(i) To issue an appropriate order/s, direction/s including a writ preferably in the nature of Mandamus commanding and directing upon the respondents to make the payment of admitted

Patna High Court CWJC No.4162 of 2021(2) dt.23-09-2021 2/3 dues of the petitioner amounting to Rs. 2,66,909/- (Rs. Two lacs Sixty Six thousand Nine hundred and nine only) in lieu of works completed by the petitioner within time against contract agreement no. 297-F2/2018-19 entered with the petitioner and respondent no. 5 for S/R to different Toilet in the campus of S.K.R. B. Central Jail 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."

The learned counsel for the petitioner, at the outset, seeks liberty to approach the respondent no. 4 for redressal of his aforesaid grievances.

The learned counsel for the respondent- State Sri Ravi Bhardwaj (AC to GA 13) has got no objection.

Accordingly, the present writ petition stands disposed of as not pressed, however with liberty to the petitioner to file

Patna High Court CWJC No.4162 of 2021(2) dt.23-09-2021 3/3 appropriate representation before the respondent no. 4 i.e. the Executive Engineer, Building Division, Muzaffarpur regarding redressal of his aforesaid grievances and in case, such a representation is filed within a period of four weeks from today, appropriate orders shall be passed thereon, in accordance with law, within a period of eight weeks, thereafter. (Mohit Kumar Shah, J) rinkee/- U