Bipul Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18673 of 2018 ====================================================== Bipul Kumar Son of Ajay Shankar Singh, Resident of Village-Barahia, P.O.- Barahia, Ward No.11, District-Lakhisarai.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Building Construction Department, Bihar, Patna 2.

The District Magistrate, Lakhisarai.

3.

The Executive Engineer, Building Division, Lakhisarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tripurari Nath Amastha For the Respondent/s :

Mr.Uday Shankar Sharan Singh -Gp19 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 19-08-2025

1. The writ petition is filed for the following reliefs:

"(i) To direct the respondent authorities to pay the admitted dues of Rs.

172242/- (One Lakh Seventy Two Thousand Two Hundred Forty Two only) to the petitioner for the work done by the petitioner in the year 2015 itself.

(B) Consequently to direct the respondent authorities to pay 18% interest upon the said admitted dues of Rs. 172242/- from 2015 till the date of payment of the

2/4 aforementioned amount to the petitioner which has been illegally and arbitrarily withhold by the respondents since 2015.

(C) Any other order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances."

2. The case of the petitioner is that he was awarded the work relating to the construction of the Counting Hall, for the Assembly Elections, 2015, in the APMC Campus. The petitioner claims to have duly completed the said work and that the bills for the same were prepared and passed by the competent authority. Out of the total payable amount of Rs. 5,44,345/-, the petitioner was paid of Rs. 3,72,103/-, leaving a balance of Rs. 1,72,242/-, which remained unpaid. Despite repeated requests, the said balance amount was not paid by the respondent authorities, which compelled the petitioner to approach this Court.

3. A counter affidavit was filed on behalf of the respondents. It disclose that the bills submitted

3/4 by the petitioner were scrutinized by the Deputy Development Commissioner, Lakhisarai and during the scrutiny, errors were found in the petitioner's bill. Accordingly, certain deductions were made from the amount originally claimed by the petitioner.

4. Without going into the merits of the case considering the rival contentions of the parties, this Writ petition is disposed of with liberty to the petitioner to file a representation with respect to the aforesaid claim before the Respondent No. 3 - the Executive Engineer, Building Division, Lakhisarai, within a month from the date of receipt of the order.

5. In turn the Executive Engineer, Building Division, Lakhisarai is directed to consider and dispose of the representation of the petitioner, in accordance with law, after affording a due opportunity of hearing the petitioner. IT is needless to say that the said exercise shall be completed within a period of three months from the date of filing of the representation by the

4/4 petitioner.

6. With the above said observation, the Writ petition is disposed of.

7. Interlocutory Application(s), if any, shall stand disposed of.

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.08.2025 Transmission Date