Patna High CourtCWJC/15606/2015disposed

Mukesh Kumar Singh v. The State Of Bihar And ORS

2015-09-29Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15606 of 2015 ====================================================== Mukesh Kumar Singh, son of Sri Harendra Singh, resident of MohallaMohjama, P.S. Paru, District Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, West Champaran, Bettiah

3. The Sub Divisiional Officer, Local Area Engineering Organization, Works Division, Bettiah.

4. The Superintendent Engineer, Local Area Engineering Organization, Works Division, Bettiah.

5. The Executive Engineer, Local Area Engineering Organization, Works Division, Bettiah.

6. The Assistant Engineer, Local Area Engineering Organization, Works Division, Bettiah.

7. The Junior Engineer, Local Area Engineering Organization, Works Division, Bettiah.

8. The Incharge Officer, General Administration, West Champaran, Bettiah .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur, Adv. For the Respondent/s : Mr. Ashok Kumar Choudhary, AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 29-09-2015 Heard Mr. Surendra Kishore Thakur, learned counsel for the petitioner and counsel for the State.

The grievance of the petitioner is regarding non payment of his dues for the work completed in relation to Agreement No.211 F2/2013-14.

Mr. Thakur learned counsel for the petitioner with reference to a letter of the Executive Engineer dated 7.7.2015 present at Annexure-7 submits that although there is no dispute as regarding the payment due and even when a cheque was issued for such

Patna High Court CWJC No.15606 of 2015 (2) dt.29-09-2015 2/2 payment but it is on the orders of the District Magistrate that the payment was stopped and in the meanwhile since the financial year 2013-14 has lapsed that the budgetary allocation was reverted. He submits that without raising any objection as regarding the entitlement of the petitioner to the dues, the only issue which is being raised by the Executive Engineer is lack of funds.

In the circumstances so discussed, the writ petition is disposed of with the direction to the District Magistrate, West Champaran to consider the grievance of the petitioner as regarding non payment of his dues which claim of the petitioner also finds support from the letter of the Executive Engineer referred to above and dispose of the same within two months of receipt/production of a copy of this order. In case the petitioner is found entitled to the payment then the same should be made to him, however, in case the opinion is otherwise then it should be disposed of by speaking order.

(Jyoti Saran, J) Bibhash/- U