Ravi Bhushan Kumar v. Patna Nagar Nigam,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.70 of 2025 ====================================================== Ravi Bhushan Kumar, Son of Sri Nand Kishor Prasad Resident of MohallaEast Ram Krishna Nagar, Nand Nagar, P.S.-Ram Krishna Nagar, P.O.- New Jaganpura, District-Patna-27.

... ... Petitioner/s

Versus

1.

Patna Nagar Nigam, through its Municipal Commissioner, Dak Bunglow Road, Mourya Lok Complex, C-Block, Patna-800001. 2.

The Municipal Commissioner, Patna Nagar Nigam, Dak Bunglow Road, Mourya Lok Complex, C-Block, Patna-800001.

3.

The Chief Engineer, Patna Municipal Corporation, Dak Bunglow Road, Mourya Lok Complex, C-Block, Patna-800001.

4.

The Executive Engineer, Patna Municipal Corporation, New Capital Division, Patna.

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

For the Petitioner/s :

Mr.Manish Sahay, Adv.

Mr. Siddharth Aditya, Adv.

For the PMC :

Mr.Prasoon Sinha, Sr. Adv.

Mr. Prabhat Kr., Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 07-05-2026 Heard learned counsel for the parties.

2. The present Writ Petition has been filled for the following reliefs:- "(1) For commanding and directing the concerned Respondents to pay admitted bill amounts i.e. Rs. 78,55,464.99/- (Rupees Seventy Eight Lakhs Fifty Five Thousand Four Hundred Sixty Four and Ninety Nine Paisa only) relates to following three works:- Sl.

Name of works Agreement No.

Agreement Value 119F2 of 20201.

Construction of PCC Road & UG drain work from Sharma Ji house to main road Brinda Rs.30,46,257/- @ 0.06% below on Estimated Cost.

2/4 Ban Road No. 7 in ward no. 13. (Group No. 03) 118F2 of 20202.

Construction of PCC Road and UG Drain from Uma Kant Ji house to main road Brinda Ban road no. 5 colony ward no.-13.

(Group No.04) Rs.32,80,874/- @ 0.6% below on Estimated Cost.

120F2 of 20203.

Construction of P.C.C.

Road and UG Drain work from Siyamani Devi house via Anupma ji via A. K.

Singh Ji house to main road Brinda ban colony ward no. 12 Rs.33,11,996/- @ 0.06% below on Estimated Cost.

(II) For further to directing the concerned respondents pay interest @ 18% compoundable in favour of the petitioner over entire payable amount from the date of its due date and till the date of its realization.

(III) For further passing such an Order or Orders for which the petitioner is entitled under the law in the facts and circumstances of this case."

3. In the counter affidavit filed by the Respondent No. 4, at para 04 and 05 it is specifically stated as under:- "4. That it is humbly stated that the Executive Engineer, New Capital Division, PMC has already paid 40% of the admitted dues of one of the schemes related to Agreement no. 120F2 of 2020-21 for Construction of PCC Road and UG Drain work from the house of Siyamani devi via Anupama Ji via house of the A.K Singh ji to the main road, Brinda Van Colony, ward no.13. Requisition for the remaining

3/4 amount was sent Municipal Engineer, (respondent no.3 to the writ petition under to reply) the Chief no. 1745 dated letter through 15.03.2021, letter no. 1750A dated 16.03.2021, and letter no. 117 dated 07.05.2021. Again, by letter no. 2148 dated 23.11.2022, requisition was sent under the signature of the Executive Engineer, Urban Development Division, New Capital, PMC (Respondent no.4) to the Chief Municipal Engineer, PMC (Respondent no.3) for allotment of the funds for the constructions made by the petitioner.

Photo copies of the letter 1745 dated 15.03.2021, no. letter no.

1750A dated 16.03.2021, letter no. 117 dated 07.05.2021 and letter no. 2148 dated 23.11.2022 are annexed herewith and marked as Annexure-R/A series

5. That it is humbly stated that as soon as the aforesaid amount, for which requisitions were made, is made available to the New Capital Division of the PMC, payment would be made to the petitioner."

4. Having regard to the above averments made in the counter affidavit and also taking into consideration that there is no dispute with regard to the amounts payable to the petitioner, the present writ petition is allowed directing the

4/4 Respondent No. 2, i.e., the Municipal Commissioner, Patna Nagar Nigam to see that the amounts due to the petitioner are provided with the Respondent No. 3, i.e., the Chief Engineer, Patna Municipal Corporation at the earliest, preferably within a period of 4 weeks from the date of receipt of a copy of this order. On receipt of the said amounts, the Respondent No. 3 shall forthwith pay the amounts due to the petitioner within a period of 2 weeks thereof.

5. That in so far as the payment of interest for the delayed payment is concerned, this Court is not inclined to grant such relief at this juncture, leaving it open to the petitioner to file a suitable representation before Respondent No. 2 for grant of interest on the delayed payment. If any such representation being given, the authority shall consider the same on its own merits in accordance with law.

6. Accordingly, the writ petition stands allowed to the extent indicated above.

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