M/S Bhola Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14405 of 2024 ====================================================== M/S Bhola Singh one of the Partner Bhola Singh, aged about 72 years, Male, S/o Late Ram Arjun Singh, R/o Vishwanath Nagar Road No. 5, P.S.-Begusarai (Town), District-Begusarai.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Water Resources Department, Govt. of Bihar, Patna.
2.
The Principal Secretary, Water Resources Department, Govt. of Bihar, Patna. 3.
The Enginer in Chief cum (North) Water Resources Department, Govt. of Bihar, Patna.
4.
The Chief Engineer, Water Resources Department, Samastipur. 5.
The Superintending Engineer, Flood Control Division, Darbhanga. 6.
The Executive Engineer, Flood Control Division, Darbhanga. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manindra Kishore Singh, Advocate For the Respondent/s :
Mr. Government Pleader (14) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 01-07-2025 The writ petition has been filed for the following reliefs:
"(i) For issuance of appropriate writ/writs, order/orders, direction/directions to the respondent concern for extention of the time limit of work period of the work allotted to petitioner through Agreement No.3/SBD/13-14 for raising and strengthening of residual portion of Chanpura Bandh situated in Benipatti Block of District Madhubani pending before them since 2 May2014. (ii) For issuance of direction to dispose off
Patna High Court CWJC No.14405 of 2024(2) dt.01-07-2025 2/3 the application sent for extention of time by the petitioner which is also recommended by the concerned Engineers and to pay the amount which was withheld by them waiting for the direction of the authority in respect of extention of time.
(iii) For the direction to the respondent concerned to pay the amount i.e., 10% of the bill amount which is pending due to the delay in passing appropriate order on the application of the petitioner and to pay the statutory interest thereon.
(iv) For any other relief/reliefs as your Lordships may deem fit and proper."
2. In the counter affidavit filed by respondent no.1, it is specifically stated as under:
"That in reply to Para 8 to 11 of the Writ Application, it is stated that the grant of extension of time is under scrutiny. It is further stated that all the admitted dues against the work done by him except 10% deduction from the bill has already been paid to the petitioner. The remaining 10% dues will be paid after preparation and approval of final bill and the final bill will (^ prepared after consideration of extension of time."
3. Having regard to the above averment, the present writ petition is disposed of directing the respondent nos. 3 and 4 to take a decision on the time extension petition of the petitioner and pay the balance amount due to the petitioner. That in case the request of the petitioner for time extension is rejected, the authorities shall specify the reasons for the said rejection. The entire exercise to be completed as expeditiously as possible,
Patna High Court CWJC No.14405 of 2024(2) dt.01-07-2025 3/3 preferably within a period of twelve weeks from the date of receipt of the copy of this order. Any order passed by the authorities shall be communicated to the petitioner.
4. With the above directions, the writ petition stands disposed of.
(A. Abhishek Reddy , J) Anushka/- U