M/S Bhola Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12815 of 2024 ====================================================== M/S Bhola Singh a Partnership Firm through one of its Partners namely Bhola Singh, aged about 72 years, Male, S/o Late Ram Arjun Singh, R/o- MohallaVishwanath Nagar Road No.- 5, P.S.- Begusarai (Town), District- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Water Resources Department, Govt. of Bihar, Patna. 3.

The Engineer-in-Chief-cum- Special Secretary, Water Resources Department, Govt. of Bihar, Patna.

4.

The Chief Engineer, Flood Control and Drainage Region, Water Resources Department, Samastipur.

5.

The Superintending Engineer, Flood Control Circle Water Resources Department, Darbhanga.

6.

The Executive Engineer, Flood Control Division-I, Jhanjharpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manindra Kishore Singh, Adv.

Mr. Siyaram Pandey, Adv.

Mr. Santosh Kr. Jha, Adv.

For the Respondent/s :

Mr. Government Pleader (22) For the State :

Mr. Uday Prasad, AC to GP22 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 11-04-2025 The only prayer sought for in the present writ petition is seeking a direction to the concerned authority to pass necessary orders on the application made by the petitioner for extension of the time and modification in the rate of cost of the work. Learned counsel for the petitioner has stated that the petitioner's application for extension of time and modification in the rate of the cost are pending since the last more than three years and till date no orders are passed.

2. In the counter affidavit filed by the respondents at

Patna High Court CWJC No.12815 of 2024(2) dt.11-04-2025 2/2 Paragraph-12, it is stated as under:

"That the Petitioner could not complete the work by 31.03.2018 hence the concerned Executive engineer, Flood Control Division No.1, Jhanjarpur has made the proposal for extension of time on the request of the Petitioner on 05.12.2022. The same is under scrutiny."

3. Having regard to the same, the present writ petition is disposed of directing the Respondent No. 2 i.e. Principal Secretary, Water Resources Department, Govt. of Bihar, Patna to consider the application made by the petitioner duly taking into account the proposal sent by the Executive Engineer, Flood Control Division-I, Jhanjharpur as expeditiously as possible preferably within a period of four weeks from the date of receipt of the copy of this order. Once the authority takes decision on the said application, the same shall be taken into consideration for the purpose of refund of the security money, EMD etc.

4. With the above directions, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Gauravkr/- U