Rajeev Kumar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18167 of 2024 ====================================================== Rajeev Kumar choudhary Son of Late Binod Narayan Choudhary, Resident of Mohalla- Satpura Colony, P.S.- Kazi Mohammadpur, District- Muzaffarpur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary Building Construction Department, Bihar, Patna.
2.
The Chief Engineer (North) Building Construction Department, Bihar, Patna.
3.
The Superintending Engineer Building Circle, Darbhanga. 4.
The Executive Engineer, Building Division, Samastipur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raju Kumar, Adv.
For the Respondent/s :
Mr. Standing Counsel (28) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 20-12-2024 Heard the learned counsel for the parties.
2. This writ petition has been filed for the following relief(s):- "(i) To issue an appropriate order/s, direction/s including a writ preferably in the nature of mandamus commanding and directing upon the respondents to make the payment of a sum of Rs.3,17,09,259/- to the petitioner who has competed the construction of Shivaji Nagar, Samastipur Block-cum-Anchal Officer residential building inspection room and Campus Development Work in Shivaji Nagar against S.B.D.O. agreement 01 S.B.D. of 202223. (ii) To direct the respondents to make
Patna High Court CWJC No.18167 of 2024(2) dt.20-12-2024 2/3 the payment of abovementioned admitted dues of the petitioner who has competed the work of construction of the aforesaid buildings within 18 months of the commencement of work.
(iii) To direct the respondents to make the payment of penal interest to the petitioner on the above-mentioned dues due to delay and latches on the part of respondents."
3. Learned counsel appearing on behalf of the petitioner has stated that after completion of the works entrusted to the petitioner, the petitioner has submitted the bills but till date the same has not been paid. Learned counsel has stated that the petitioner has given representation dated 25.07.2024 (Annexure-P/6) and a direction may be given to the authority concerned to consider the same and make the necessary payments in accordance with law.
4. Learned counsel appearing on behalf of the respondents has stated that he has no objection if a direction is given to the concerned authority to consider the representation made by the petitioner strictly in accordance with law.
5. Having regard to the above made submissions, the present CWJC is disposed of directing the Respondent No. 4 herein to consider the representation made by the petitioner as expeditiously as possible preferably within a period of eight
Patna High Court CWJC No.18167 of 2024(2) dt.20-12-2024 3/3 weeks from the date of receipt of a copy of this order. In case the claim of the petitioner is found to be genuine, the Respondent No. 4 shall take necessary steps for making the payment of the amount due to the petitioner. In case the authority concerned rejects the claim of the petitioner, he shall pass a reasoned order, giving reasons for the same.
6. It is needless to mention that before passing any orders, the petitioner shall be given an opportunity of hearing. Any order passed shall be communicated to the petitioner.
7. With the above directions, the present CWJC is disposed of.
(A. Abhishek Reddy , J) Gauravkr/- U