Ashok Kumar, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1015 of 2020 ====================================================== Ashok Kumar, son of Mahendra Prasad Yadav, resident of village- Sitakund Dih, P.O.- Dariyapur, P.S. Munger Muffasil, District- Munger. ... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

3.

The District Magistrate, Munger, District- Munger. 4.

Munger Municipal Corporation, Munger through the Municipal Commissioner.

5.

The Municipal Commissioner, Munger Municipal Corporation, Munger. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Ajit Kumar Singh For the Respondents :

Mr.Rajiv Roy ( Gp1 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-02-2020 Heard the learned counsel for the petitioner and the learned counsel for the respondents.

The petitioner has prayed fro the following reliefs :- (i) For issuance of an appropriate writ in nature of MANDAMUS, commanding and directing the Respondent Authorities to make payment of the amount of security money, earnest money and the amount deducted from the bill of the petitioner on account of extension of time as well as to refund the National Saving Certificate (N.S.C.) with respect to work done by the petitioner for renovation of building of Municipal Corporation, Munger for which work order

Patna High Court CWJC No.1015 of 2020(2) dt.18-02-2020 2/3 was issued vide letter No. 7077 dated 16.12.2010 and agreement was done on 22.12.2010 of the estimated cost of Rs. 29,17,977/-.

(ii) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to make the aforesaid payment with interest.

(iii) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case.

The learned counsel for the petitioner submits that the petitioner be granted liberty to approach the respondent No. 5 i.e. The Municipal Commissioner, Municipal Corporation, Munger for redressal of his aforesaid grievances.

Learned counsel appearing for the The Municipal Commissioner, Municipal Corporation, Munger has got no objection.

Having regard the facts and circumstances of the case, I deem it fit and proper to dispose of the present writ petition with liberty to the petitioner to approach the The Municipal Commissioner, Municipal Corporation, Munger for redressal of his aforesaid grievances and in case

Patna High Court CWJC No.1015 of 2020(2) dt.18-02-2020 3/3 appropriate representation is filed within a period of eight weeks from today. The Municipal Commissioner, Municipal Corporation, Munger shall consider the same and dispose it of by a reasoned and speaking order in accordance with law within a period of six weeks' thereafter and in case any dues the same shall also be paid within a further period of six weeks therefrom. It is needless to state that if the aforesaid timeline is not adhered to, the admitted outstanding amount found payable to the petitioner would carry interest @ 9% per annum from the date it became payable.

The writ petition stands dispose of on the aforesaid terms.

(Mohit Kumar Shah, J) K.K.RAO/- U