Jainendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24461 of 2019 ====================================================== Jainendra Kumar, son of Late Nawal Kishore Prasad, proprietor M/s Suman Enterprises, resident of House No. 1, Jai Hind Gali, Opposite Gulzarbagh Field, P.O.- Gulzarbagh, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna 2.

The Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna 3.

The Engineer in Chief Public Health Engineering Department, Govt. of Bihar, Patna 4.

The Chief Engineer Public Health Engineering Department, Bhagalpur Zone, Bhagalpur 5.

The Executive Engineer PH Division, Bhagalpur West, Bhagalpur 6.

The Treasury Officer District Treasury Bhagalpur, Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Giri, Advocate Ms. Deepika Sharma, Advocate For the Respondent/s :

Mr. Anisul Haque, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-01-2020 The petitioner has approached this Court for payment of the admitted dues which he has incurred while executing construction under the Rural Piped Water Supply Scheme at Kishunpur village and adjoining areas in the district of Bhagalpur under P.H. Division, Bhagalpur West, Bhagalpur.

It has been submitted on behalf of the

Patna High Court CWJC No.24461 of 2019(2) dt.21-01-2020 2/3 petitioner that notwithstanding the fact that petitioner has completed the work on time and there has been no complaint in that regard, he has not been paid for the bills raised by him.

The learned counsel for the petitioner has submitted that the allotment of the necessary funds for payment of the petitioner had been made but because of delay, the allotment lapsed which would be required to be re-allocated.

The non-payment of the dues of the petitioner was not because of his fault.

Considering the aforesaid facts, this Court deems it appropriate to direct the petitioner to make a detailed representation before the Engineer-in-Chief, Public Health Engineering Department, Government of Bihar, Patna (respondent No. 3) within a period of three weeks, who, on receipt of the same shall look into the facts, verify the same and if the claim of the petitioner is found to be undisputed, necessary arrangements shall be

Patna High Court CWJC No.24461 of 2019(2) dt.21-01-2020 3/3 made for making payment of the dues of the petitioner, preferably within a period of three months of the receipt of such representation.

With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- U