IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.7098 of 2011
LALLAN PRASAD SON OF LATE UMASHANKAR PRASAD,
RESIDENT OF KOSHI ROAD, WARD NO.10, SUPAUL, P.S.
AND DISTRICT- SUPAUL ........PETITIONER.
Versus
1. THE STATE OF BIHAR, THROUGH THE PRINCIPAL
SECRETARY, DEPARTMENT OF ROAD CONSTRUCTION,
GOVERNMENT OF BIHAR.
2. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY
DIVISION, MADHEPURA. .......RESPONDENTS.
For the petitioner: Mr. Pramod Mishra, Advocate.
For the State: Mr. Gautam Kumar Yadav,
Advocate.
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03. 23.06.2011 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. This writ petition has been filed by the petitioner
for directing the respondent Executive Engineer to make
payment of due amount along with interest to the petitioner as
the petitioner being the contractor has finished the allotted work
in respect of which an amount of Rs. 2,26,000.00 is due with the
respondents without any valid reason.
3. Considering the aforesaid facts and circumstances,
this writ petition is disposed of with a liberty to the petitioner to
approach the Executive Engineer, National Highway Division,
Madhepura(respondent no. 2) by way of filing an application
giving the detail of the amount dues. However, if such an
application is filed within 15 days from today before the said
authority along with a copy of this order, the said authority shall
decide the same by a speaking order within two months
thereafter. If any amount or interest is found admitted and
payable the same should be paid to the petitioner immediately
2
thereafter. However, if any amount or interest is not found
admitted and payable in the said order of the authority the
petitioner will be at liberty to challenge the same before an
appropriate forum.
Devendra/ ( S.N. Hussain, J.)