M/S Rama Construction v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1902 of 2014 ====================================================== M/s. Rama Construction through its Partner Sri Angesh Kumar, son of Late S.P. Singh, resident of Village- Aunta, Police Station- Hathidah, DistrictPatna .... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Public Health Engineering Department, Bihar, Patna

2. The Engineer-in-Chief, Public Health Engineering Department, Bihar, Patna

3. The Superintending Engineering, Public Health Engineering Department, Begusarai

4. Chief Engineer, Public Health Engineering Department, Begusarai

5. Sub-Divisional Officer, Public Health Engineering Department, Manjhaul, District- Begusarai

6. Executive Engineer, Public Health Engineering Department, Begusarai

7. Junior Engineer, Public Health Engineering Department, Manjhaul, District- Begusarai .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2 For the Respondent/s : Mr. Shashi Shekhar Pd. Sinha, AC to G.A.13 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-12-2015 Heard learned counsel for the petitioner and learned Counsel for the State.

2. The present writ petition has been filed for a direction to the respondents to make payment of the amount claimed by the petitioner-company to be due to it pursuant to work having been completed in terms of the work awarded in favour of the petitioner.

3. It is submitted on behalf of the petitioner that despite being entitled to the amount as claimed by the petitioner, no payment has been made.

Patna High Court CWJC No.1902 of 2014 (2) dt.08-12-2015

4. In the above view of the matter, this writ petition is disposed of with consent of the petitioner, granting liberty to approach the Executive Engineer, Public Health Engineering Department, Begusarai (Respondent No. 6) with a fresh representation for redressal of its 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 9% 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.

5. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) spal/- U