Pawan Kumar Singh v. Muzaffarpur Municipal Corporation

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13381 of 2024 ====================================================== Pawan Kumar Singh Son of Ramanand Singh Resident of Mohalla-Jagdamba Nagar Kolhua Paigambarpur, P.S.-Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

Muzaffarpur Municipal Corporation through its municipal Commissioner, Muzaffarpur.

2.

The Municipal Commissioner, Municipal Corporation, Muzaffarpur. 3.

The Executive Engineer, Muzaffarpur Municipal Corporation, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raju Kumar, Adv.

For the Respondent/s :

Mr. Awadhesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 24-09-2024 Heard the learned counsel for the parties.

2. This writ petition has been filed for the following relief(s):- (i) To issue an appropriate orders/s, direction/s including a writ preferably in the nature of Mandamus commanding and directing upon the respondents to refund the security money the petitioner deposited in the office of respondent No. 2 despite completion of work of construction of Road and Drain by the petitioner.

(ii) To direct the respondents to refund the security money to the petitioner deposited in the office of respondent No. 2 in connection with NIT 09/2014-15 Group-7 NIT 11/2015-16 Group-22, NIT 06/2015-16 Group152, NIT 01/2019-20 ward 18.

Patna High Court CWJC No.13381 of 2024(2) dt.24-09-2024 2/3 (iii) To direct the respondents to make the payment of penal interest to the petitioner on security money on account of delay and latches on the part of respondents.

3. Learned counsel for the petitioner has stated that the petitioner has given a representation to the Respondent No. 2 dated 20.07.2024 (Annexure P/8) and the Respondent No. 2 may be directed to consider the said representation and take necessary steps for payment of the amount due to the petitioner by fixing a time frame.

4. Learned counsel appearing on behalf of the respondents has stated that he has no objection if a direction is given to the Respondent No. 2 to dispose of the representation made by the petitioner in accordance with law.

5. Having regard to the above made submissions without going into the merits of demerits of the case, the present writ petition is disposed of directing the Respondent No. 2 to consider the representation dated 20.07.2024 made by the petitioner as expeditiously as possible preferably within a period of six weeks from the date of receipt of the copy of this order. Any order passed shall be communicated to the parties. In case the Respondent No. 2 comes to the conclusion that the claim of the petitioner is genuine, he shall make necessary arrangements

Patna High Court CWJC No.13381 of 2024(2) dt.24-09-2024 3/3 for the payment of the amounts due.

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