Suresh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14435 of 2025 ====================================================== Suresh Prasad Singh Son of Yogendra Singh Resident of Village-Jahangirpur, P.O.- Singaila, P.S.- Motipur District -Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Building Construction Department, Bihar, Patna.

2.

The Superintending Engineer, Building Circle, Muzaffarpur. 3.

The Executive Engineer, Building Division, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raju Kumar, Adv.

For the Respondent/s :

Mr. Standing Counsel (28) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 07-10-2025 Heard the learned counsel for the parties.

2. This writ petition has been filed for the following relief(s):- "(i) To issue an appropriate order/s, direction/s including a writ preferably in the nature of mandamus directing and commanding upon the respondent No. 3 to make the payment of a sum of Rs. 438,450/- to the petitioner who has completed the remaining work for Disaster Management Building (Part-2) at Muzaffarpur for the year 2023-2024 vide Agreement No.80 R-2 2023-2024.

(ii) To direct the respondent No.3 to make the payment of the petitioner amounting to Rs. 4,38,450/- with penal interest at the rate of 5% per amount on the ground of delay and latches."

Patna High Court CWJC No.14435 of 2025(2) dt.07-10-2025 2/3

4. Learned counsel appearing on behalf of the petitioner has stated that after completion of the works entrusted to the petitioner, the petitioner has submitted the bills but till date the same has not been paid. Learned counsel has stated that the petitioner has given representation dated 07.02.2024 (Annexure P/3) and a direction may be given to the authority concerned to consider the same and make the necessary payments in accordance with law.

5. Learned counsel appearing on behalf of the respondents has stated that he has no objection if a direction is given to the concerned authority to consider the representation made by the petitioner strictly in accordance with law. However learned counsel has stated that the petitioner may be directed to give a fresh representation to the authority concerned.

6. Having regard to the above made submissions, the present CWJC is disposed of directing the petitioner to give a suitable representation ventilating his grievance within a period of four weeks from today. On receipt of the representation, the Respondent No. 3 herein is directed to consider the said representation made by the petitioner as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. In case the claim of the

Patna High Court CWJC No.14435 of 2025(2) dt.07-10-2025 3/3 petitioner is found to be genuine, the Respondent No. 3 shall take necessary steps for making the payment of the amount due to the petitioner. In case the authority concerned rejects the claim of the petitioner, he shall pass a reasoned order, giving reasons for the same.

7. It is needless to mention that before passing any orders, the petitioner shall be given an opportunity of hearing. Any order passed shall be communicated to the petitioner.

8. With the above directions, the present CWJC is disposed of.

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