M/S Karan Computer Centre v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17208 of 2015 ====================================================== M/s Karan Computer Centre, South of D.M. Residence, Patel Nagar, P.S. Laheri, District- Biharsharif (Nalanda) through its proprietor Gauri Shankar Prasad Sinha, son of Sri Rakesh Kumar Sinha, South of D.M. Residence, Patel Nagar, P.S. Laheri, District- Biharsharif (Nalanda) .... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, Public Health Engineering Department cumChairman, Executive Committee, Bihar State Water and Sanitation Mission, Patna.

3. The Director, Bihar State Water and Sanitation Mission, Patna.

4. The District Magistrate-cum-Chairman, District Water and Sanitation Committee Nalanda, Biharsharif.

5. The Executive Engineer, Public Health Engineering Department-cumMember, District Water and Sanitation Mission, Nalanda.

6. The Assistant Engineer, Public Health Engineer, Department, Biharsharif.

7. The Assistant Engineer, Public Health Engineering, Department, Hilsa.

8. The Assistant Engineer, Public Health Engineering, Department, Harnaut.

9. The Assistant Engineer, Public Health Engineering, Department, Rajgir.

10. The Assistant Engineer, Public Health Engineering, Department, Ekangarsarai.

11. The Assistant Engineer Public Health Engineering, Department, Chandi. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ajey Kumar For the Respondent/s : Mr. Nasim Yahya, GP13 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-11-2015 Heard learned counsel for the petitioner and learned Counsel for the State.

2. The present writ petition has been filed for a direction to the respondents to make payment of the amount claimed by the petitioner to be due to him pursuant to work having been completed in terms of the tender awarded in

Patna High Court CWJC No.17208 of 2015 (2) dt.05-11-2015 favour of the petitioner.

3. It is submitted on behalf of the petitioner that despite being entitled to the amount as claimed by the petitioner, only partial payment has been made, leaving a considerable amount outstanding to be paid.

4. In the above view of the matter, this writ petition is disposed of with consent of the petitioner, granting him liberty to approach the The District Magistrate-cumChairman, District Water and Sanitation Committee Nalanda, Biharsharif. (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. Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioner to receive payment together with simple interest at the rate of 9% per annum on the admitted dues calculated from the date when the amount became due till the date of its actual payment. In case the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be

Patna High Court CWJC No.17208 of 2015 (2) dt.05-11-2015 disposed of by a speaking order in that regard.

5. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) Chandran U