Ashutosh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11033 of 2016 =========================================================== Ashutosh Kumar, S/o Shri Badari Narayan Singh, R/o village + P.O. + P.S. Bore, District - Gopalganj .... .... Petitioner

Versus

1. The State of Bihar through its Principal Secretary, Patna

2. Superintending Engineer, Minor Irrigation Division, Chapra

3. Chief Engineer, Minor Irrigation, Division - Muzaffarpur

4. Executive Engineer, Minor Irrigation Division, Gopalganj .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mrs. Vimala Kumari, Advocate For the Respondents : Mr. AJAY BEHARI SINHA, GA 8 Mr. Suryakant Kumar, AC to GA 8 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 11-11-2016 Heard learned counsel for the petitioner and learned Counsel for the State.

2. The present writ petition has been filed for quashing the order being the memo no. 404 dated 12.03.2016 and letter no. 111, dated 18.01.2016 by which the respondents directed that the work be completed before the schedule time.

3. This matter has been taken up out-of-turn on the request of the learned counsel for the petitioner who, at the time of hearing, states that the main prayer with regard to the challenge to the impugned order is not pressed and seeks only a direction to the respondents for making payment of the amount in respect of the work already completed by the petitioner.

4. Having regard to the nature of the relief sought by the

Patna High Court CWJC No.11033 of 2016 dt.11-11-2016 2/2 petitioner, this writ petition is disposed of with consent of the petitioner, granting him liberty to approach the Executive Engineer, Minor Irrigation Division, Gopalganj (Respondent No. 4) with a fresh representation for redressal of his grievances. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of, ensuring payment to the extent found due to the petitioner, within a period of six weeks from the date of receiving the petitioner's representation. In case the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be disposed of by a speaking order in that regard.

5. Needless to say, this Court has not expressed any opinion on the merits of the claims of the petitioner. (Vikash Jain, J) B.T/Ibrar AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 15.11.2016 Transmission Date N.A.