M/S Royal Engineers v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3188 of 2023 In Civil Writ Jurisdiction Case No.23988 of 2013 ====================================================== M/s Royal Engineers through its Proprietor Chandra Kishore Shahi, aged about 63 years, Gender- Male, Son of Ram Sakal Shahi, Resident of Akharaghat, Najipur, P.O.- Shekhpur, P.S.- Ahiapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Sri Pankaj Kumar Ral, presently posted as Secretary, Rural Work Department, govt. of Bihar, Patna.

3. Sri Nirmal Kumar, presently posted as Chief Engineer -3, Rural Work Department, Patna.

4. Sri Ramdeo Choudhary, presently posted as Superintending Engineer, Rural Works Department, Work Circle, Darbhanga.

5. Sri Ravindra Kumar Singh, presently posted as Executive Engineer, Rural works Department, Work Division, Phulparas.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Advocate For the Opposite Party/s :

Mr. Pratik Kumar Sinha, AC to GA V ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 05-03-2025 The present contempt petition is arising out of order dated 12.05.2023 passed in CWJC No. 23988 of 2013. We have passed the following orders :

"5 The concerned respondent is hereby directed to examine the grievance of the petitioner whether it could be resolved at this belated stage or not? In this regard, a detailed speaking order shall be passed and communicated to the petitioner within a period of three months from the date of receipt of this order."

2. Now the respondents have taken a decision

Patna High Court MJC No.3188 of 2023(8) dt.05-03-2025 2/2 (Annexure-R/D Page 21) dated 04.11.2023 which is a detailed speaking order. The petitioner has a remedy of assailing the order dated 04.11.2023 for the reasons that he has not produced any material information except certain correspondence with some officials of the department. For having executed certain road works he must have certain authenticated document relating to execution of works stage wise or phase wise and it should have been attested by the competent or authorized officer of the department those materials are not placed on record so as to contend that he has executed the subject matter of work so as to claim contract amount. Therefore, nothing remains in the present M.J.C. Accordingly, M.J.C stands dropped reserving liberty to the petitioner to assail the action of the respondents in accordance with law before the appropriate forum after furnishing relevant material information to the extent that he had executed subject matter of work so as to claim monetary benefit.

(P. B. Bajanthri, J) (Arun Kumar Jha, J) Prakash/- U