Ashwani Kumar v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8030 of 2016 ====================================================== Ashwani Kumar Son of Shiv Shankar Prasad Singh resident of Mohalla - Purani Bijali Colony, P.S. and District - Jehanabad . ... ... Petitioner/s

Versus

1.

The Union Of India through the General Manager, East Central Railway, Hajipur.

2.

The Principal Chief Engineer, East Central Railway, Hajipur. 3.

The Divisional Railway Manager, East Central Railway, Danapur. 4.

The Senior Divisional Engineer 1 , East Central Railway, Danapur. 5.

A.D.E.N./Line/Patna, East Central Railway, Patna. 6.

Sr. S.S.E. (W) , Jehanabad, E.C. Railway, Jehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dronacharya, Adv.

For the Respondent/s :

Mr. Anil Kumar Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 13-09-2023 Heard learned counsel for the parties.

2. The present writ petition has been filed for the following reliefs:- "For issuance of an appropriate writ/writs, order/orders, direction/directions and thereby to issue writ in the nature of mandamus directing the respondents authorities to pay the bills of the petitioner for the works done by him by the respondent authority and thereby to quash the order dated 12.02.2016 passed by the Senior D.E.N/1, Danapur (Respondent No. 4) by which the respondent authority has rejected the claim for payment of the works done for respondents to the tune of Rs. 38,91,504/-."

3. In the counter affidavit filed by the respondents, it is stated that the official-respondents have prepared the bills for a sum of Rs. 2,30,837/- for the works done by the petitioner, but

Patna High Court CWJC No.8030 of 2016(4) dt.13-09-2023 2/2 the bills could not be processed further due to non-submission of the NOC by the petitioner and that the petitioner did not sign on the submitted bills.

2. Learned counsel appearing on behalf of the petitioner has stated that the petitioner will appear before the concerned authority and fulfill the requirements pointed out by the authorities and that the authorities may be directed to pass the above bills.

3. Having regard to the above made submission, without going into merits or demerits of the case, the petitioner is directed to appear before the Senior Divisional Engineer (1) East Central Railway, Danapur i.e. Respondent No. 4 and submit the NOC and sign the bills submitted by the petitioner within a period of four weeks from today. On such appearance, the authorities concerned shall make necessary arrangements for payment of the bill for an amount of Rs. 2,30,837/- within a period of two weeks thereof.

4. The Writ Petition is disposed off accordingly. (A. Abhishek Reddy , J) shakir/- U