Manish Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16217 of 2018 ====================================================== Manish Kumar son of Pramod Kumar Mandal Resident of Rahua, Ward No. 10, Rasulpur Milki, P.S. Rosera, District - Samastipur. ... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, Public Health Engineering Department (PHED), Govt. of Bihar, Patna.

3. The Collector, Samastipur.

4. The Executive Engineer, Public Health Engineering Department (PHED), Samastipur.

5. The Sub-Divisional Officer-cum-Assistant Engineer, Public Health SubDivision, Rosera, District - Samastipur.

6. The Junior Engineer, Public Health Engineering Department (PHED), Rosera, District - Samastipur.

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

For the Petitioner/s :

Mr. Abhay Shankar Singh For the Respondent/s :

Mr. S.Raza Ahmed -Aag5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-10-2018 The present writ petition has been filed for directing the respondents to make payment of the admitted dues amounting to a sum of Rs. 3,88,000/- to the petitioner herein for the water supply scheme works completed by him.

The learned counsel for the petitioner has submitted that though the petitioner has completed the contract work of water supply scheme works and certificate of completion has also been granted long back in the year 2016-17, an amount of Rs. 3,88,000/- remains outstanding for payment.

The learned counsel for the respondents has appeared and has advanced his submissions.

Patna High Court CWJC No.16217 of 2018(2) dt.01-10-2018 2/3 I have heard the learned counsel for the parties and have gone through the materials on record.

In view of the nature of the grievances made by the learned counsel for the petitioner herein, I deem it fit and proper to dispose of the present writ petition with a liberty to the petitioner to approach the Respondent No. 4 by filing a fresh representation regarding his grievances pertaining to nonpayment of the admitted dues for the contract work done by the petitioner herein and in case, such a representation is filed within a period of four weeks from today, the same shall be considered and disposed of in accordance with law within a period of eight weeks thereafter.

It is needless to state that any delay in payment of the admitted dues beyond the aforesaid stipulated period shall entitle the petitioner to payment of the admitted dues along with simple interest at the rate of six per cent per annum, to be calculated from the date when the amount became due till the date of its actual payment. It is further directed that in case, the Respondent No. 4 finds the claim of the petitioner to be inadmissible, whether in whole or in part, the representation of the petitioner shall be disposed of, as directed hereinabove, with due communication to the petitioner herein.

Patna High Court CWJC No.16217 of 2018(2) dt.01-10-2018 3/3 The writ petition is disposed of on the aforesaid terms. (Mohit Kumar Shah, J) ajay gupta/- U