Virendra Kumar Chaudhari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2515 of 2020 ====================================================== Virendra Kumar Chaudhari Son of Daroga Chaudhari Resident of Village and P.O.- Ajgari, P.S.- Banjariya, District- East Champaran. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Principal Secretary, Building Contruction Department, Government of Bihar, Patna.
3.
The Chief Engineer (Determination), Building Contruction Department, Government of Bihar, Patna.
4.
The Chief Engineer (North), Building Contruction Department, Government of Bihar, Patna.
5.
The Superintending Engineer, Building Circle, Motihari. 6.
The Executive Engineer, Building Division, Sheohar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Kaushik For the Respondent/s :
Mr.Syed Iqbal Ahmad (Sc20) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-02-2020 The present writ petition has been filed seeking the following reliefs:- "i. For issuance of an order, direction or a writ of mandamus for directing the respondent authorities to make payment of the balance amount of Rs. 37,33,728/- (Rs.
Thirty Seven Lakhs, Thirty Three thousand, Seven hundred and Twenty Eight only) out of total revised agreement value of Rs.
4,38,70,460/- for completion of Construction work of (G+3), P.O. Quarter 1 Block 12 Unit for Civil Court, Sheohar with Electrification,
Patna High Court CWJC No.2515 of 2020(2) dt.24-02-2020 2/3 in the District of Sheohar which was allotted to the petitioner after a two bid tender process.
ii. For issuance of an order, direction or a writ of mandamus for directing the respondent to make the aforesaid payment with interest from the date of completion of the building to the date of payment since the petitioner has completed the construction work satisfactorily against the agreement dated 06.03.2017 pursuant to the notice inviting tender in the month of Junuary, 2019 itself.
Iii. For issuance of an order, direction or a writ of mandamus for directing the respondent to release the 50% of the security deposit amount which is payable after six months from the date of completion of construction of the building as per the Standard Bidding document".
At the outset, the learned counsel for the petitioner submits that the petitioner be granted liberty to approach the respondent no.3 for redressal of his aforesaid grievances. Having regard to the facts and circumstances of the case and considering the short prayer made by the writ petitioner, I deem it fit and proper to grant liberty to the petitioner to approach the Chief Engineer (Determination),
Patna High Court CWJC No.2515 of 2020(2) dt.24-02-2020 3/3 Building Construction Department, Government of Bihar, Patna for redressal of his aforesaid grievances by filing appropriate representation within a period of four weeks from today and in case such a representation is filed, the same shall be disposed of in accordance with law within a period of eight weeks thereafter. The writ petition stands disposed of on the aforesaid terms.
(Mohit Kumar Shah, J) Tiwary/- U