Amod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17186 of 2023 ====================================================== Amod Kumar Son of Late Basuki Singh, Resident of village - Tilakpur Naya Tola, P.S. - Kiul, District- Lakhisarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Rural Works Department, Patna.

2.

The Additional Chief Secretary, Rural Works Department, Patna. 3.

The Chief Engineer No.2, Rural Works Department, North Bihar, Patna. 4.

The Superintending Engineer, Rural Works Department, Work Circle, Munger.

5.

The Executive Engineer, Rural Works Department, Works Division, Lakhisarai.

6.

The Nodal Officer, PMGSY-eMarg/NMO, Bihar Rural Road Development Authority, Bihar, Patna.

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

For the Petitioner :

Mr. Ram Vinay Pd. Singh, Adv.

For the State :

Mr. Raghwanand ( Ga 11 ) Mr. Prabhat Kumar, AC to GA-II ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 09-04-2024 Heard the learned counsel for the parties.

2. This writ petition has been filed for the following relief(s):- "i. For issuance of an appropriate writ/s, order/s, Direction/s to the respondent for making payment of Rs. 3,49,642/- only which is due under maintenance cost of the road and for further direction to make payment of interest at the rate of 9 % for delayed payment of the outstanding amount.

ii. For issuance of an appropriate writ/s, order/s, Direction/s to the respondents to

Patna High Court CWJC No.17186 of 2023(3) dt.09-04-2024 2/3 ensure payment for outstanding balance of amount to the tune of Rs. 3,49,642/- for which even requisition has been submitted by the respondent Executive Engineer on 04.03.2021 but till date amount has not been paid, even though the petitioner has failed the representation in this regard on 03.06.2023.

iii. For issuance of an appropriate writ/s, order/s, Direction/s to the respondents to make payment of penal interest at the rate of 12 % to the petitioner for delayed payment and harassing the petitioner for no good reason."

3. In the counter affidavit filed by the Respondent Nos. 2 to 4 at para 10, it is stated that as under :- "That it would be relevant to mention here that the Executive Engineer, Rural Works Department, Works Division, Lakhiserai has again sent requisition vide his letter no. 062 dated 13.01.2024 to the Special Secretary, Rural Works Department, Bihar with a request to make available the allotment of fund seeking approval for making the said payment through cheque."

5. Having regard to the above, without going into the merits or demerits of the case, the present writ petition is disposed of directing the authority concerned to make the payment of the admitted dues to the petitioner as expeditiously

Patna High Court CWJC No.17186 of 2023(3) dt.09-04-2024 3/3 as possible preferably within a period of six weeks from the date of receipt of copy of this order.

6. With the above directions, the present writ petition stand disposed of.

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