Ambika Chaudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9261 of 2017 =========================================================== Ambika Chaudhary, Son of Late Dasai Chaudhary, Resident of VillageMoglanipur, P.O. + P.S.- Ashawan, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Rural Works Department, Government of Bihar, Patna.

2. The Engineer-in-Chief, Rural Works Department, Bihar, Patna.

3. The Chief Engineer-1, Rural Works Department, Bihar, Patna.

4. The Superintending Engineer, Rural Works Department, Works Circle, Chapra.

5. The Executive Engineer, Rural works Department, Work Division, Siwan. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar, Adv. For the Respondent/s : Smt. Archana Meenakchee -GP6 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 22-08-2017 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner has made a prayer for release of an amount of Rs. 1,56,042/- as also the security deposit of Rs. 6,20,000/- after closing the agreement along with 18% annual interest. The Government had floated a tender for improvement of Milki to Arajal Road, the petitioner was declared to be successful, the work was allotted to him and, accordingly, the petitioner entered into an agreement bearing Agreement No. 13F2 of 2008-09. Learned counsel for the petitioner submits that the petitioner has completed the work as per agreement and to the

Patna High Court CWJC No.9261 of 2017 dt.22-08-2017 satisfaction of the authority, all the running bills have been paid except Rs. 1,56,042/- and he has also made a complaint that his security money of Rs. 6,20,000/- is also lying with them. In view of the above, let the petitioner should file a detailed representation to the Principal Secretary, Road Construction Department, Government of Bihar, Patna, who will examine the case of the petitioner and the admitted dues will be paid to him. If the aforesaid authority is not agreeable to the claim of the petitioner, he will pass a reasoned order in accordance with law after giving an opportunity of hearing to the petitioner.

All the process must be completed by the Principal Secretary, Road Construction Department within a period of four weeks from the date of filing of the representation by the petitioner. With the aforementioned observation and direction, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.08.2017 Transmission Date NA