Surendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25315 of 2019 ====================================================== Surendra Kumar, S/O Shiv Prasad, resident of Village- Pradhana, P.O.- Kabar, P.S.- Konch, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Government of Bihar, Rural Works Department, Bisheshwaraiya Bhawan, Bailey Road, Patna. 2.

The Principal Secretary, Government of Bihar, Rural Works Department, Bisheshwaraiya Bhawan, Bailey Road, Patna.

3.

The Chief Engineer-1, Rural Works Department, Bisheshwaraiya Bhawan, Bailey Road, Patna.

4.

Chief Engineer-4 Rural Works Department, Bisheshwaraiya Bhawan, Bailey Road, Patna.

5.

The Superintending Engineer, Rural Works Department, Works Division, Gaya, District- Gaya.

6.

The Executive Engineer, Rural Works Department, Works Division, Sherghati, District- Gaya.

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

For the Petitioner/s :

Mr. Ravindra Kumar Sinha, Advocate For the Respondent/s :

Mr. Ajay (GA 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 19-12-2019 On the petitioner's name being selected as a Contractor by the turn of the dice, he deposited a sum of Rs. 9,11,000/- as security money. Notwithstanding the release of the sanctioned amount for work viz. construction of road and its five year maintenance, no agreement has been entered into between the petitioner and the concerned respondent. Though, it is in the public interest

Patna High Court CWJC No.25315 of 2019 dt.19-12-2019 2/3 that road should be repaired and should be maintained but in the present case, dispatch is being shown by the petitioner who has been chosen as Contractor to execute the aforesaid work.

A representation has been filed by the petitioner before the Principal Secretary, Government of Bihar, Rural Works Department which has not yet been responded to. This Court therefore, under the aforesaid circumstances, directs the petitioner to make a fresh representation before the Principal Secretary, Government Rural Works Department (respondent no. 2) within a period of three weeks, who after verifying all information, shall pass necessary instructions for executing the agreement so that work of construction of road and its maintenance is commenced without any delay. Such an order shall be passed within a period of three weeks of the receipt of such representation.

The aforesaid order has been passed more in the interest of the public at large so that the road is repaired

Patna High Court CWJC No.25315 of 2019 dt.19-12-2019 3/3 and also to preserve the right of the petitioner who after being chosen as the Contractor has deposited the security money.

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

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.12.2019 Transmission Date