Maheshwar Kshtreshwari Constructions Pvt. Ltd., v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.512 of 2025 ====================================================== Maheshwar Kshtreshwari Constructions Pvt. Ltd., having its office at 163, Anandpuri, West Boring Canal Road, P.S.- Sri Krishnapuri, District Patna800001, through its Director Ranjish Prakash aged about 47years, male, S/oDinesh Kumar Singh, R/o- House No. 163, Anandpuri, West Boring Canal Road, P.S. Sri Krishnapuri, District- Patna-800001. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Rural Works Department, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Rural Works Department, Government of Bihar, Patna.

3.

The Additional Chief Executive Officer cum Secretary, Rural Works Department, Government of Bihar, Patna.

4.

The Engineer-in-Chief, Rural Works Department, Government of Bihar, Patna.

5.

The Chief Engineer-2, Rural Works Department, Government of Bihar, Patna Hardinge Road, Barack No.2, Patna.

6.

The Superintending Engineer, Works Circle, Rural Works Department, Government of Bihar Madhepura.

7.

The Executive Engineer, Rural Works Department, Government of Bihar, Works Division Supaul.

8.

The Assistant Engineer, Rural Works Department, Government of Bihar, Works Division Supaul.

9.

The Junior Engineer, Rural Works Department, Government of Bihar, Works Division Supaul.

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

For the Petitioner/s :

Mr. Narendra Kumar Singh For the Respondent/s :

Mr. Government Pleader (05) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 17-03-2025 Heard the learned counsel for the parties.

The present writ petition has been filed for the following relief(s):- "1. That this is an application for issuance of appropriate writ/writs, order/orders,

Patna High Court CWJC No.512 of 2025(2) dt.17-03-2025 2/3 direction/directions commanding the respondent authorities especially respondent no. 7 to pay to the petitioner five year maintenance work of road constructed from Kumarganj S.H. 76 Bumbhola Choudhary house to East Koshi Bandh via Ratanpura Tola and Kamaljari and Kamaljari Ratanpura Chowk to Bajrangbali mandir via Ramdeo Mandal House in Chouhatta PWD Road in pursuance of Agreement no. 10 2012-13 dated 27.03.2013 for Rupees Five Crore thirteen Lacs Eighty Thousand and Two hundred Twenty Six only including maintenance (five years) and though respondent no. 7 has already sent requisition for release of 5 years maintenance amount vide letter no. 1376 dated 07.10.2023 for a sum of Rs. 19,88,573/- but still payment has not been made to the petitioner.

Petitioner further seeks Hon'ble Court's indulgence commanding the respondent authorities to pay the five year maintenance amount of aforementioned road with admissible interest on the same.

Petitioner further seeks any other relief/reliefs for which petitioners are found entitled in the eye of law and in the facts and circumstances of the present case."

3. In the counter-affidavit filed by the respondentState at Para Nos. 9, 10 & 11, it is specifically stated as under; "9. That the grievance of the petitioner is that the cost of maintenance amount against the 4th and 5th year maintenance work done by him has not been paid to him.'

10. That it is very humbly sustained on behalf of the present respondent department that the Executive Engineer, Rural Works Department, Works Division, Supaul vide his Letter No. 1075 dated 21.09.2022 has already sent requisition in appropriate proforma to the Additional Chief Executive officer-cum-Secretary, BRRDA, Rural Works Department, Bihar, Patna for making available the requisitioned fund.

11. That it is further submitted that in continuation of the aforesaid requisition the

Patna High Court CWJC No.512 of 2025(2) dt.17-03-2025 3/3 Executive Engineer, Rural Works Department, Works Division, Supaul vide his letter No. 133 dated 30.01.2025 has also sent requisition to the Additional Chief Executive officer-cum-Secretary, BRRDA, Rural Works Department, Bihar, Patna for making available the requisitioned fund."

4. Having regard to the above, the present writ petition is disposed of. The respondent No. 7 i.e., the Executive Engineer, Rural Works Department, Government of Bihar, Works Division Supaul. shall see that the necessary payments are made to the petitioner as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy fo this order. The Additional Chief Executive Officer-cum-Secretary, BRRDA, Rural Work Department, Government of Bihar, Patna (respondent No. 3) shall duly take into consideration the Letter No. 1075 dated 21.09.2022 addressed by the respondent No. 7 for allocation of the requisite funds and see that the funds are allotted at the earliest so that the orders of this Court are complied with positively.

5. With the above direction, the present writ petition stands disposed of.

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