Sushil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16587 of 2024 ====================================================== Sushil Kumar Singh, Son of Sri Uma Shankar Singh, Resident of House No. B-151, Near Ratan Villa Apartment, P.S.-Buddha Colony, P.O.-G.P.O., District-Patna (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Works Department, Government of Bihar, Patna.

2.

The Engineer-in-Chief, Rural Works Department, Government of Bihar, Patna.

3.

The Chief Engineer-4, Rural Works Department, Government of Bihar, Patna.

4.

The Superintending Engineer, Works Circle Purnea, Rural Works Department, District-Purnea.

5.

The Executive Engineer, Works Division Manihari, Rural Works Department, District-Katihar.

6.

The Divisional Accounts Officer, Works Division Manihari, Rural Works Department, District-Katihar.

7.

The Assistant Engineer, Works Sub-Division Amdabad, Rural Works Department, District-Katihar.

8.

The Junior Engineer, Works Section Amdabad, Rural Works Department, District-Katihar.

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

For the Petitioner/s :

Mr. Bhola Kumar, Advocate.

For the Respondent/s :

Mr. Government Advocate (5) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 12-12-2024 Heard learned counsel for the parties.

2. The present Writ Petition has been filed for the following reliefs:- "(i) For issuance of a writ of mandamus commanding the respondents to make full and final payment in favour of the petitioner for restoration of L043

Patna High Court CWJC No.16587 of 2024(2) dt.12-12-2024 2/3 Chhota Raghunathpur to Karimullahpur Dakshin (VR43) 2nd Cut Road under the FDR Scheme, executed by the petitioner pertaining to Emergency Notice Inviting Tender (NIT) was issued by the respondent No. 5 as contained in Letter no. 163 dated 02.11.2021, which has been withheld by the respondents without any cogent, valid and legal reason.

(ii) For a further direction upon the respondents to release the above said admitted amounts without any further delay along with compound interest/simple interest as this Hon'ble Court may reasonable arrive to the conclusion or to which petitioner is entitled to in the background and facts and circumstances of the case.

(iii) For a further direction to the respondents that the pendency of the writ application will not in any manner serve as a hindrance in making over the full and final payment along with the interest as claimed hereinabove in as much as the petitioner's only source of income and livelihood is wholly and solely dependent upon the payment of such bills which he undertakes as its pious profession."

3. Duly taking into consideration the fact that the petitioner has already given a suitable representation to the competent authority i.e. Respondent No. 5 (The Executive Engineer, Works Division Manihari, Rural Works Department, District-Katihar), the present writ petition is disposed of at the admission stage with the consent of both the parties. The

Patna High Court CWJC No.16587 of 2024(2) dt.12-12-2024 3/3 Respondent No. 5 is directed to consider the said representation made by the petitioner and pass necessary orders strict in accordance with law.

4. It is needless to mention that before passing any order the petitioner shall be put on notice and given an opportunity of hearing. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks from the date of receipt of the copy of this order. Any order passed shall be communicated to the party.

5. With the above directions, the present Writ Petition stands disposed of.

(A. Abhishek Reddy, J) shakir/- U