IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2564 of 2011
M/S RAMAJEE MISHRA & CO. THROUGH ITS ACTING
PARTNER SRI RAMAJEE MISHRA, S/O LATE RAMKISHUN
MISHRA, R/O VILLAGE-SIRISIA, P.O.-SASAMUSA,
P.S.+DISTRICT- GOPALGANJ.........PETITIONER.
Versus
1. THE STATE OF BIHAR THROUGH BIHAR PUBLIC WORKS
DEPARTMENT, BIHAR, PATNA.
2. THE SUPERINTENDING ENGINEER, BUILDING
CONSTRUCTION CIRCLE, CHAPRA.
3. THE EXECUTIVE ENGINEER BUILDING CONSTRUCTION
DIVISION, SIWAN.
4. THE EXECUTIVE ENGINEER BUILDING CONSTRUCTION
DIVISION, GOPALGANJ.
5. RURAL WORKS DEPARTMENT THROUGH EXECUTIVE
ENGINEER GOPALGANJ.
6. PUBLIC HEALTH ENGINEERING DEPARTMENT
THROUGH EXECUTIVE ENGINEER, CHAPRA.
7. B.R. AMBEDKAR UNIVERSITY THROUGH ITS
REGISTRAR MUZAFFARPUR.
8. NAGAR PARISHAD SIWAN.
9. THE TREASURY OFFICER, GOPALGANJ.
.......RESPONDENTS.
For the petitioner :Mr. M.Kumar Mishra, Sr. Advocate with
Mr. A.K.Pandey, Advocate.
For the State : Mr. Tej Pratap Singh, AC to SC-17
For the University : Mr. A.B. Sinha, Advocate.
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03/ 25.03.2011 Heard learned counsel for the petitioner and
learned counsel for the respondents.
2. This writ petition has been filed by the
petitioner for a direction to the respondents to implement
Circular No.5633(Ga) dated 17.07.2008 as well as their letter
no.48 dated 06.01.2009 issued by Superintending Engineer,
Building Construction Circle, Chapra and to pay entire dues of
petitioner as per the revised rates for the execution of works as
well as for the ongoing works of construction as per the
agreement between the parties for the year 2007-08.
-2-
3. Considering the averments made by learned
counsel for the parties as well as the materials on record, it is
quite apparent that the petitioner wants payment at revised rate
from the respondents for the works done by him as per the
agreement. In the said circumstances, this writ petition is
disposed of with a liberty to the petitioner to file an application
before the Superintending Engineer, Building Construction
Circle, Chapra (respondent no.2) raising all his grievances
which he had raised before this court. If such an application is
filed by the petitioner within 15 days from today along with a
copy of this order, the said authority shall consider the matter
in accordance with prescribed rules and resolutions and shall
decide it expeditiously preferably within a period of two
months. If such an amount is found payable, the said authority
shall pay the same to the petitioner immediately thereafter.
However, if any amount is not found payable, a speaking order
must be passed by the said authority so that the petitioner may
challenge the same before the appropriate forum.
Harish (S.N. Hussain, J.)