Patna High CourtCWJC/7628/2017disposed

M/S Trishul Construction v. The State Of Bihar And ORS

2017-11-02Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7628 of 2017 =========================================================== M/s Trishul Construction through its Partner, Braj Kishore Singh, Resident of Ander Kila, S.D.O. Road, Hajipur, P.S.- Hajipur, Towns, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Building Construction Department, Govt. of Bihar, Patna.

3. The Executive Engineer, Building Construction Division, Hajipur, District Vaishali.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Braj Kishore Singh Chouhan, Adv. For the Respondent/s : Ms. Ratna Kumari, AC to PAAG2 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 02-11-2017 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is making a prayer for payment of Rs.99,822/- though he has already been paid Rs. 7,04,334/-. The tender was issued inviting interested person to participate in the tender for construction of 18 Sick Prisoner's Barrack during the financial year 2003-04, the petitioner company has also participated in the tender, was declared successful, has entered into agreement and he has constructed the 1st Block for the ailing prisoners. As per statement made in the writ application and the letter of the Executive Engineer dated 15.6.2017 (Annexure-A), Rs.

Patna High Court CWJC No.7628 of 2017 dt.02-11-2017 7,04,334/- has already been paid to the petitioner and there is still dues of Rs. 99,822/- and he has requested the Principal Secretary, Building Construction Department for allotment of fund for payment to the petitioner.

In that view of the matter, this Court directs the Principal Secretary, Building Construction Department to look into the matter and if it is found that it is a valid demand, the allotment should be made for payment to the petitioner within a period of three months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.11.2017 Transmission Date NA