Ravi Mohan Verma v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.535 of 2013 ====================================================== Ravi Mohan Verma, S/o Late Dharichhan Lal, R/O Bulaki Singh Chowk, Mohalla- Kali Bagh, P.O.& P.S.-Bettiah Town, District-West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Water Resources, Bihar at Patna.
2. The Engineer -in- Chief, Water Resources Department, Sichayi Bhawan, Patna.
3. The Chief Engineer (North), Water Resources Department, Valmikinagar, West Champaran.
4. The Superintending Engineer, Tirhut Canal Division, Bettiah.
5. The Executive Engineer, Done Canal Division, Ramnagar, W. Champaran
6. The Sub Divisional Officer, Done Canal Division, Ramnagar, W. Champaran
7. The Jr. Engineer, Sauraha, Done Canal Division, Ramnagar, W. Champaran.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amarendra Nath Verma For the Respondent/s : Mr. Raju Giri, GP-30 Mr. Santosh Kr. Mishra, AC to GP-30 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 24-11-2015 Heard Mr. Amarendra Nath Verma, learned counsel appearing on behalf of the petitioner and Mr. Santosh Kumar Mishra, learned Assisting Counsel to Standing Counsel No.30 for the State.
The writ petition was filed seeking a writ in the nature of mandamus commanding the respondents to make payment of the dues of the petitioner for the construction work discharged by him. According to the petitioner, he was allotted work of reconstruction of building for Sauraha Sectional Office
Patna High Court CWJC No.535 of 2013 (6) dt.24-11-2015 in Done Canal Sub-Division, Ramnagar in the district of West Champaran, the bid price whereof was Rs.4,28,533/-. The petitioner makes a complaint regarding non-payment of his dues as well as that the security deposit and the National Savings Certificates of the petitioner are not being returned. This writ petition was filed on 9.1.2013 and has remained pending for more than two years and during which period a counter affidavit has been filed by the Executive Engineer, Done Canal Division, Ramnagar which practically admits the claim of the petitioner and rather in paragraph 17 contains the statement that the department is taking step for payment of the claimed amount.
In view of such uncontested position and the affidavit of the Executive Engineer, Done Canal Division, this writ petition is disposed of with a direction to the petitioner to raise his claim along with the supportive documents regarding nonpayment of balance dues, refund of security amount and return of National Savings Certificates, before the Executive Engineer, Done Canal Division, Ramnagar in the district of West Champaran and who shall consider the claim of the petitioner and dispose of the same within six weeks from the date of filing of such claim. In the event any portion of the claim of the
Patna High Court CWJC No.535 of 2013 (6) dt.24-11-2015 petitioner is found to be disputable the same shall be disposed of by a speaking order.
The writ petition is disposed of accordingly. (Jyoti Saran, J) SKPathak/- U