Rajaram Prasad Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13007 of 2023 ====================================================== Rajaram Prasad Sharma, Male, aged about 46 years, Son of Ram Uchit Singh, Resident of Village Noma, P.S. Halsi, District-Lakhisarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Govt. of Bihar, Patna. 2.

The Secretary, Minor Irrigation Department, New Secretariat, Baily Road, Patna.

3.

The Chief Engineer, Minor Irrigation, Bhagalpur. 4.

The Superintending Engineer, Minor Irrigation, Munger, 5.

The Executive Engineer, Minor Irrigation, Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Parmanand Pd. Nr. Sahi, Advocate.

For the Respondent/s :

Mr. Ajay ( GA 2 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 05-12-2024 Heard learned counsel for the parties.

2. The present Writ Petition has been filed for the following reliefs:- "(i) For a direction to the Respondents to make payment of admitted dues of Rs. 605536/- (Six Lakhs Five Thousand, five hundred and Thirty Six only) to the petitioner for the work completed in the year 2012-13 for Execution of Balda Ahar Reservoir Scheme, Aliganj, Jamui, Bihar.

(ii) For a further direction to the respondents to pay interest at Commercial rate to the petitioner on illegal withholding of admitted dues for the work done by the petitioner."

Patna High Court CWJC No.13007 of 2023(7) dt.05-12-2024 2/2

3. Learned counsel appearing on behalf of the petitioner has stated that the original amounts have been paid but the interest has not been paid. Learned counsel has stated that though the petitioner had completed the work in the year, 2014, the authorities have paid the amounts only after the petitioner has approached this Hon'ble Court by way of the present CWJC that too in the year, 2024. Therefore, the learned counsel has stated that the respondents may be directed to pay the interest on the amounts that due to be paid to the petitioner.

4. Having regard to the fact that the entire original amount has already been paid to the petitioner, this Court is not inclined to grant the prayer sought for by the petitioner to direct the respondents to pay the interest as there is no agreement between the parties for paying the interest on the amounts due. Further, it is to be noted that the petitioner has approached this Court after a lapse of almost nine years.

5. The present writ petition is, accordingly, dismissed. (A. Abhishek Reddy, J) shakir/- U