IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.3490 of 2009
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Rajiv Kumar Singh, son of Shri Rana Pratap Singh, resident of Gandhi
Nagar, Madubani, P.S. Khajanchi Hatt, District Purnia.
… Petitioner
Versus
1. The State of Bihar through Secretary of the Bihar Public Works
Department, Government of Bihar, Patna.
2. The Commissioner-cum- Secretary of the Bihar Public Works
Department, Government of Bihar, Patna.
3. The Chief Engineer, Road Construction Department, Bihar, Patna
4. The Superintending Engineer, Road Construction Department, Purnia
5. The Executive Engineer, Road Construction Department, Road
Division, Purnia
.. Respondents
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For the Petitioner : Mr. Parshuram Singh, Advocate
For the State : Mr. Mankeshwar Tiwari, Advocate
——
03/ 28.07.2011 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. This writ petition has been filed by the petitioner for
directing respondent-authorities to pay the total amounts due with interest to
the petitioner as per the contractual works completed by him with respect
to the three agreements detailed in paragraph no.1 of the writ petition .
3. A counter-affidavit has been filed by respondent-
authorities, in which it has been stated that the admitted amounts have
already been paid to the petitioner during the pendency of this writ petition,
whereas, the amounts, not admitted, have not been paid to him.
4. Learned counsel for the petitioner submits that the
remaining amount is also to be paid as there are specific materials to show
that the authorities at various stages had accepted the contractual works
completed by the petitioner.
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3. In the aforesaid circumstances, this writ petition is
disposed of with a liberty to the petitioner to approach the Executive
Engineer, Road Construction Department, Road Division, Purnia
(respondent no. 5) by filing an application giving details of the
amounts due and interest thereon. If such an application is filed by the
petitioner along with a copy of this order within fifteen days from
today, the said authority shall consider the same in accordance with
law and shall decide it by a speaking order within four months
thereafter and if any amount or interest is found to be admitted and
payable, the same should be paid to the petitioner immediately
thereafter. However, if any amount or interest is not found to be
admitted or payable in the said order, the petitioner will be at liberty to
challenge the same before an appropriate forum.
MPS/ (S.N.Hussain, J.)