Chandradeo Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25623 of 2019 ====================================================== Chandradeo Prasad, Son of Late Ramaji Prasad, Resident of Mohalla- 44 GH, Kagaji Muhalla, Ward No. 15, P.O. and P.S.-Bihar Sharif, District- Nalanda803118. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Rural Works Department, Vishweshwaraiya Bhawan, Bailey Road, Patna-15. 2.

The Secretary, Rural Works Department, Vishweshwaraiya Bhawan, Bailey Road, Patna-15, 3.

The Engineer-In-Chief, Rural Works Department, Vishweshwaraiya Bhawan, Bailey Road, Patna-15.

4.

The Chief Engineer-1, Rural Works Department, Vishweshwaraiya Bhawan, Bailey Road, Patna-15.

5.

The Superintending Engineer, Rural Works Department, Works Circle, Nalanda at Biharsharif-803101.

6.

The Executive Engineer, Rural Works Department, Works Division, Rajgir. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Sahay, Advocate For the Respondent/s :

Mr. P.N. Shahi (AAG-6) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-12-2019 Heard learned counsel for the petitioner and the respondents.

The grievance of the petitioner in the present writ application is non-payment of dues even after measurement of work done by him.

In commercial transaction, the Court is reluctance in passing specific order, however, if the petitioner has carried out the work in terms of the agreement, it shall be open for the petitioner to approach the respondent no.2 (the Secretary, Rural

Patna High Court CWJC No.25623 of 2019(2) dt.20-12-2019 2/2 Works Department), who shall be under obligation to verify the claim of the petitioner and if the petitioner has carried out the work in terms of the agreement, he shall see that the payment is made in terms of the agreement at the earliest preferably within a period of six months from the date of receipt/production of a copy of this order.

It is made clear that this Court has not gone into the merit of the claim, as completion of work and the quality of work.

With the aforesaid, the writ application is disposed of. (Anil Kumar Upadhyay, J) uday/- U