Patna High CourtCWJC/19827/2015disposed

Shrist Narayan Jha v. The State Of Bihar And ORS

2017-07-31Mr. Justice Shivaji Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19827 of 2015 =========================================================== Shrist Narayan Jha, S/o Late Pulkit Jha, resident of Village - Behta, P.S. - Benipatti, Dist. - Madhubani.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, Rural Development Department, Chief Minister Secretariat, Patna.

3. The Engineer in Chief, Rural Development Department, Patna.

4. The Superintending Engineer, Rural Works Department, Darbhanga.

5. The Executive Engineer, Rural Works Division Works Division, Benipatti, Dist. - Madhubani.

6. The Assistant Engineer, Rural Works Division, Benipatti, Madhubani.

7. The Junior Engineer, R.W.D. Works Division, Benipatti, Madhubani. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv. Mr. Ashok Kumar Jha, Adv.

For the Respondent/s : Mr. Anil Kumar Sinha, G.A.-1 Mr. Pawan Kumar, A.C. to G.A.-1 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 31-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking a direction from this Court for payment of Rs.23,61,873/ having claimed that he was allotted the work, which he has carried out, but the payments have not been made.

A tender was floated for appointment of contractor for

constructing eight roads under package no.BR-21R-275, 299, 278, 294, 295, 285, 289, 290 vide agreement no.14 SBD/13-14. The petitioner was declared to be the lowest tenderer and allotted the work as having been claimed that the petitioner has carried out the work and completed the construction of the roads, but the respondent authorities have not paid the bill amount. Learned counsel for the petitioner submits that the petitioner has filed several representations before the different authorities including the Minister of the concerned department, but it has proved to be in vain.

Let the petitioner file a detailed representation before the Principal Secretary, Rural Development Department, Patna, attaching the copy of this order with complete details of the fact and necessary documents. If such a representation is filed, the Principal Secretary will be obliged to deal with the matter and pass necessary order within a period of three months from the date of filing of the representation. If the Principal Secretary after proper inquiry arrives to a finding that the petitioner is entitled for payment, then the same would be paid to him within one month thereafter. If he finds that the petitioner is not entitled, in such circumstance, he will pass a reasoned order after hearing the

petitioner.

With the aforesaid observations and directions, this writ application is disposed of.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 07.08.2017 Transmission Date N/A.