IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.173 of 2006
Md.Muzaffar Alam, son of Late Hassan Imam, resident of Mohalla- Kashi
Takiya Biharsharif, P.S. Laheri, District-Nalanda.
...... Petitioner.
Versus
1. The State of Bihar through Secretary, Rural Development Department,
Bisheshwaraiya Bhawan, Bailey Road, Patna.
2. The Chief Engineer (I), Rural Engineering Organisation (R.E.O.)
Bisheshwaraiya Bhawan, Bailey Road, Patna.
3. The Superintending Engineer, Rural Engineering Organisation, Work
Circle, Patna, Patna.
4. The Executive Engineer, Rural Engineering Organisation Work
Division, Biharsharif, Nalanda.
5. The Treasury Officer, Biharsharif, Nalanda.
....... Respondents.
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For the petitioner : M/s Shankar Dayal Singh & Tripurari Sharan
Pandey, Advocates.
For the respondents : G.P. IV.
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03/ 29.09.2011 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. This petition has been filed by the petitioner for
payment of his admitted dues of Rs.30,239.00 against which a
cheque dated 31.03.2004 was issued in favour of the petitioner by
the respondent -Executive Engineer, Rural Engineering Organisation
Work Division (respondent no.4), but the same could not be
encashed/ passed by the Treasury Officer due to State ban during the
relevant period and hence the petitioner returned the said cheque to
the Executive Engineer on 01.04.2004, but thereafter no fresh
cheque was issued for payment to the petitioner which is quite
clearly admitted dues.
3. In the aforesaid facts and circumstances, this writ
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petition is disposed of with a direction to the petitioner to approach
the Executive Engineer (respondent no.4) within three weeks from
today along with an application detailing his claim for the amount
due as well as for the interest. Thereafter the said respondent shall
pass a speaking order within three months thereafter and pay the
entire amount due with admitted interest. If the petitioner is
aggrieved by the said order, he will be at liberty to approach before
the appropriate Forum.
(S. N. Hussain, J.)
Sunil