High Court Patna High Court - Orders

Dilmohan Singh vs The State Of Bihar &Amp; Ors on 2 December, 2010

Patna High Court – Orders
Dilmohan Singh vs The State Of Bihar &Amp; Ors on 2 December, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      CWJC No.19634 of 2010
                     Dilmohan Singh, S/o Late Balbhadra Narayan Singh, R/o Village +
                     P.O.-Naya Nagar, P.S.-Udakishunganj, District- Madhepura.
                                                                        ...... Petitioner.
                                                Versus
                  1. The State Of Bihar.
                  2. The     Secretary, Public Works Department, Government of Bihar,
                      Patna
                  3. The Chief Engineer (Yantrik)-cum-Super Nodal Officer, North
                      Bihar, Sub-region, P.W.D., Darbhanga.
                  4. The Superintending Engineer, Road Circle, Saharsa.
                  5. The Executive Engineer(Nodal Officer) Works Division, Madhepura
                  6. The Executive Engineer, Task Force No. 2, Bihar Public Works
                      Department, Kumarkhand Prakhand, District- Madhepura.
                                                                     ....... Respondents.
                     For the petitioner    :      Mr. S.P.Srivastava, Advocate.
                                                  Mr. Rajeev Ranjan, Advocate.
                                                  Mr. Santosh Bharti, Advocate.
                     For the State         :      Mr. P.K.Verma, A.A.G.-XI.

                                    -----------

2. 02.12.2010 1. Heard learned counsel for the petitioner and

learned counsel for the respondents.

2. This writ petition has been filed for directing the

Secretary, Public Works Department, Government of Bihar, Patna

(Respondent no. 2), the Executive Engineer(Nodal Officer) Works

Division, Madhepura(Respondent no. 5) and the Executive

Engineer, Task Force No. 2, Bihar Public Works Department,

Kumarkhand Prakhand, District- Madhepura (Respondent no. 6) to

make payment of the entire due amount with respect to the

completed work within time as per Agreement No. 65F- 2/2008-

2009 (Annexure-2), which is not being paid in spite of all the

formalities being completed and repeated requests to the said

authorities.

3. In the aforesaid circumstances, the petitioner is
2

directed to file a representation before the Chief Engineer(Yantrik)-

cum-Super Nodal Officer, North Bihar, Sub-region, P.W.D.,

Darbhanga (Respondent no. 3) along with a copy of this order

within 15 days from today stating the entire facts and points raised

in this writ petition and the said application shall be decided by the

said authorities in accordance with law within three months from

the date of receipt/production of the said application and if the dues

as claimed by the petitioner is found to be genuine as per the bills

sent by the concerned authority (Annexure-3 and 3/A) payment

shall be made by the said authorities concerned to the petitioner

within one month thereafter.

4. With the aforesaid directions/observations this writ

petition is disposed of.

(S.N.Hussain,J.)
Sujit