Raju Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6135 of 2017 =========================================================== Raju Singh Son of Late Narendra Pratap Singh, Resident of House No. 27, Patliputra Colony, P.S. Patliputra, Patna, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Commissioner-cum- Secretary, Building Construction Department, Government of Bihar, Bishweshwaraiya Bhawan, Bailey Road, Patna.

3. The Superintending Engineer, Building Construction Department, South Bihar Circle, Patna.

4. The Executive Engineer, Building Construction Department, Patna Building Division, Patna.

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

For the Petitioner/s : Mr. Manendra Kumar Sinha For the Respondent/s : Mr. Rajeev Shekhar, AC to GA-13 =========================================================== 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 has made a prayer for payment of Rs.3,19,683/- as having been claimed that he was allotted work to repair the 1st floor of Tata Ward at PMCH, Patna for the financial year 2015-16, he carried out the work as per specification but, till date, no payment has been made.

From the record, it appears that the Government has issued a tender inviting application from the interested persons for repair of 1st floor of Tata Ward at PMCH, Patna for the financial year 2015-16, the petitioner was allotted the work, he has completed the same and

Patna High Court CWJC No.6135 of 2017 dt.02-11-2017 placed a bill of Rs. 3,19,683/- but, a complaint has been made by the petitioner that no payment has been made to him. If the petitioner has already completed the work in terms of the specification then there is no reason to deny the payment. It appears that the petitioner has also filed an application before the Executive Engineer, Building Construction Department, Patna Building Division, Patna but, it has not given any fruitful result. Having considered the entire facts and circumstances of the case, this Court directs the petitioner to file a detailed representation to the Principal Secretary, Building Construction Department, Government of Bihar, Patna annexing a copy of this order and the Principal Secretary is directed to look into the matter and pay the admitted amount to which the petitioner is entitled. In case, he does not agree with the claim of entire amount or part thereof, he will be obliged to give a notice to the petitioner for hearing and will pass a reasoned order in accordance with law.

With the aforementioned observation and direction, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.11.2017 Transmission Date NA