Abhay Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8692 of 2017 ===========================================================

1. Abhay Kumar Singh S/o Krishna Kumar Singh Resident of Village- Devariya, P.O. +P.S.- Devariya, District- Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through Principle Secretary Rural Works Deptt. Bihar at Patna.

2. The Superintendent Engineer, Gramin Karya Department Work Division, Ara.

3. The Exectutive Engineer, Gramin Karya Department Work Division, Ara.

4. Asst. Engineer Gramin Karya Department, Karya Abar Pramandal, Ara.

5. Sachiv Bazar Samiti Cum S. D.O. Ara.

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

For the Petitioner/s : Mr. Ashwini Kumar Rai For the State : Mr. Prabhat Ranjan, Ac to GP-6 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 26-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present case, petitioner is claiming that he was allotted the work for renovation of road from N.H 84 to counting Hall Parliament Election 2014 Bazar Samiti Ara. An advertisement was published for the appointment of contractor whereupon the petitioner has also participated in which he was declared successful. The total work value was Rs. 52,32,218/-. As per claim he has completed the work but he has paid only Rs. 38,11,348/- and Rs. 14,73,384/- was not paid which the petitioner is claiming.

Patna High Court CWJC No.8692 of 2017 dt.26-07-2017 For convenience, petitioner is directed to file a detailed representation before the Principal Secretary, Road Constriction Department, Government of Bihar, Patna who will be obliged to call for a report from the District Magistrate about the work completed by the petitioner and take decision in accordance with law within a period of three months from the date of filing of the representation.

This Court further directs that if order is passed in favour of the petitioner and he is entitled for the said amount, it will be released in his favour. If the concerned authority does not agree with the petitioner, in such circumstances after giving notice to him dispose of the same by a reasoned order.

With the aforesaid observation and direction this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.7.2017 Transmission Date NA