Shailendra Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5584 of 2009 ====================================================== Shailendra Kumar, s/o Sri Jageshwar Khirhar, resident of village Amghatta, P.S. Dumra, District Sitamarhi.

.... .... Petitioner/s

Versus

1.The State of Bihar through District Magistrate, Sitamarhi. 2.Executive Engineer, Building construction, Sitamarhi. 3.Sub-Divisional Officer, Building construction, Sitamarhi .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 27-01-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner in this writ application claims payment of Rs. 3,07,123/- for furnishing the work as per the contract given to him under the agreement executed by the Executive Engineer, Building Construction, Sitamarhi vide contract No. 308258, Agreement no. - 1F2 of 07-08/2007/2008 and the learned counsel for the State on receipt of the instruction has taken a very fair stand that such amount is an admitted payment for the work done by the petitioner and in fact its payment has been withheld on account of paucity of fund with the concerned Executive Engineer, this Court instead of keeping this writ

Patna High Court CWJC No.5584 of 2009 (3) dt.27-01-2015 application further pending would direct the respondents to ensure that if the admitted payment of the aforementioned due amount has not been made as yet, the same must be made within a period of three months from the date of receipt of this order.

With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Ranjan/- U