Amit Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17168 of 2018 ====================================================== Amit Singh Son of Late Madan Mohan Singh, resident of Suchita Sadan, Shastri Nagar, Post Office Police Station- Bettiah, District- West Champaran. ... ... Petitioner/s
Versus
1.
The State Of Bihar through the Principal Secretary, Building Construction Department Visheshwariya Bhawan, Baily Road, Patna 2.
The Chief Engineer, North Building Construction DepartmentVisheshwariya Bhawan, Bailey Road, Patna 3.
The Superintendent Engineer, Building Construction Department-Circle Motihari Post Office/Police Station Motihari, District East Champaran 4.
The Executive Engineer, Building Construction Department, Bettiah, Post Office/Police Station- Bettiah, District West Champaran 5.
The Collector, West Champaran, Bettiah, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shiv Kumar Dwivedy For the Respondent/s :
M/s Manoj Kr. Ambastha- SC 26 Divit Vinod, AC to SC 26 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 22-07-2025
1. The petitioner has filed the instant application for the following relief:
"For issuance of an appropriate writ(s) / order(s)/ direction(s) preferably in the nature of mandaums commanding and directing the respondents authorities for the payment of revised bill and to release security money for the work done by the petitioner for the construction of additional six class rooms in Bipin High
2/6 School Bettiah West Champaran vide agreement no. F2 2012- 13 the due amount is Rs. 4,10,373.00, further for the agreement no. 25F2/2013-14 for the Construction of Gandhi Smiriti Block building at the campus Jagjeevan Hostel, Bettiah, West Champaran under the building Construction Department, the net dues amount is Rs. 7,02,862/-, further for the Construction of Bihar, Satabdi Smriti Block West Champaran Building at the campus of Jagjeevan Hostel, under the agreement of 26F2/2013-14 of Building Construction Department, Patna, Bihar, the Net dues amount is Rs.
9,01,287/-. As such the total due amount are Rs. 20,14,522/-(Twenty lacs fourteen thousand five hundred twenty two) alongwith its interest on aforesaid total dues amount.
It is also for grant of any other relief or relief for which the petitioner be found entitled circumstances of the case."
2. At the very outset, Learned counsel for the petitioner contended that since this matter is squarely covered under the order dated
3/6 13.04.2022 passed by a Division Bench of this Court in CWJC No. 3858 of 2022 (Nripendra Kumar Sinha Vs. The State of Bihar & Ors.), in which this Court has passed the order in light of the order dated 09.03.2022 passed by this Court in the case of The CWJC No. 16088 of 2021 , this writ petition may also be disposed of on the same terms and conditions.
For better appreciation of the case, the relevant portion of the order is quoted hereinbelow:
3. In Nripendra Kumar Sinha (supra) their Lordships have held as follows: "This Court had earlier sought for personal appearance of the Principal Secretary, Building Construction Department, Government of Bihar, Patna, in a writ petition bearing CWJC No. 16088 of 2021 and a statement was recorded on 9.3.2022. Certain observations were made by this Court. It was also observed that this Court expects all the departments to follow the same pattern as regards payment of admitted dues. Relevant paragraphs of the said order dated 9th of March, 2022,is reproduced below:- "We have a bunch of cases
4/6 where same question is involved regarding harassment caused to the common citizen in making timely payment despite the dues being admitted by the Department.
Mr. Kumar Ravi, Secretary, Building Construction Department, Government of Bihar, Patna is present today before us. He has assured the Court that necessary instructions shall be issued for making it mandatory that admitted dues are paid as soon as it became due, in any case, not later than one month or within the statutory period provided for in the Contract. In case, there is an inordinate delay, the action of the Officer shall be departmentally inquired into, if necessary with the help of the Vigilance Department. In those cases, where the Court imposes interest for delayed payment beyond a particular period, the same shall be deducted from the salary of the Officials responsible for delay. He, however, assures that a copy of this order shall be handed over to the Chief Secretary, Government of Bihar, Patna. We expect that the same
5/6 pattern shall be followed in other departments as well.
Personal appearance of Mr.
Kumar Ravi, Secretary, Building Construction Department, Government of Bihar, Patna is exempted for the next date of hearing."
In light of the aforesaid order dated 9.3.2022 passed in CWJC No. 16088 of 2021, the present writ petition is also disposed off in similar terms with a direction that the Respondents shall forthwith make payment of the admitted outstanding dues to be paid to the petitioner, in any case not later than four weeks from today. It is further directed that in case, any claim of the petitioner is disputed or does not find favour with the Respondent authorities, a reasoned order shall be passed within the same time frame and duly communicated to the petitioner."
5. Having regard to the submissions made by the parties, the present writ petition stands disposed of in terms of the aforesaid judgment passed in Nripendra Kumar Sinha (supra).
6/6
6. Interlocutory Application, if any, shall stands disposed of.
(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.07.2025 Transmission Date