← Library
Patna High CourtCWJC/20556/2019disposed

Most. Maya Devi v. The State Of Bihar

2019-12-09Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20556 of 2019 ====================================================== Most. Maya Devi, wife of Late Brij Nandan Prasad Resident of VillageMafo, P.o.- Mafo, P.s.- Mehus, Distt.- Sheikhpura ... ... Petitioner/s

Versus

1.

The State of Bihar Principal Secretary, Rural Works Department, Govt. of Bihar, Patna 2.

The Engineer-in-chief Rural Works Department, Govt. of Bihar, Patna 3.

The Chief Engineer-II Rural Works Department, Patna 4.

The Superintending Engineer Rural Works Department, Work Circle, Munger, Distt.- Munger 5.

The Executive Engineer Rural Works Department, Work Division, Sheikhpura, Distt.- Sheikhpura ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Vinod Prasad Singh, Advocate For the Respondent/s :

Mr. Sanjeet Kumar Singh, AC to AAG-6) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-12-2019 The petitioner is the widow of late Brij Nandan Prasad who had completed the work assigned to him under the Rural Works Department, Works Division, Sheikhpura. After the death of aforesaid Brij Nandan Prasad, the petitioner made a representation before the Department for making payment of the outstanding dues of her late husband. The outstanding liability of the Department was admitted and therefore the Engineer-inChief of the Department directed the Executive

Patna High Court CWJC No.20556 of 2019(2) dt.09-12-2019 2/3 Engineer, Rural Works Department, Works Division, Sheikhpura to make payment to the petitioner the amount which was due to her late husband.

It appears that some effort also was made for transferring the aforesaid amount in the account of the petitioner through e-banking but such an effort failed. The writ petition is silent about the reason for such failure in transmission of the money outstanding against the Department in the account of the petitioner and the petition also does not state as to what happened thereafter.

In any view of the matter, the amount which is due to the late husband of the petitioner ought to be paid.

On the petitioner making a fresh representation before the Executive Engineer, Rural Works Department, Works Division, Sheikhpura (respondent No. 5) within a period of four weeks, the concerned respondent shall verify the facts stated in the representation and if the

Patna High Court CWJC No.20556 of 2019(2) dt.09-12-2019 3/3 claim of the petitioner is found to be tenable, which hitherto appears to have been admitted by the Department, all efforts shall be made for payment of the aforesaid amount within a further period of four weeks thereafter.

The non-payment of the admitted dues of the late husband of the petitioner would invite serious consequences.

The writ petition stands disposed off accordingly.

(Ashutosh Kumar, J) Shageer/- U