High Court Patna High Court - Orders

Sanjay Kumar vs The State Of Bihar & Ors on 23 June, 2011

Patna High Court – Orders
Sanjay Kumar vs The State Of Bihar & Ors on 23 June, 2011
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CWJC No.7572 of 2011
                    SANJAY KUMAR, SON OF SRI MAHESHWAR PRASAD
                    RESIDENT OF MOHALLA-SWARN-MAI SADAN,
                    MUSSALLEPUR HAT PATNA.              ...... PETITIONER.
                                         VERSUS
                   1. THE STATE OF BIHAR THROUGH SECRETARY (SOUTH)
                        BUILDING CONSTRUCTION DEPARTMENT, PATNA BIHAR.
                   2. THE CHIEF ENGINEER, BUILDING CONSTRUCTION
                       DEPARTMENT, PATNA SECRETARIATE, PATNA.
                   3. THE SUPERINTENDING ENGINEER, DEPRTMENT OF
                       BUILDING CONSTRUCTION, PATNA SECRETARIATE,
                       PATNA.
                   4. THE EXECUTIVE ENGINEER PATNA WEST BHAVAN
                        PRAMANDAL ( BUILDING DIVISION) DANAPUR, PATNA.
                                                      .....RESPONDENTS.

                    For the petitioner:        Mr. Bhola Prasad, Advocate.
                                                -----------

02. 23.06.2011 Heard learned counsel for the petitioner. No one

appears on behalf of the respondents, although name of learned

counsel for the respondents is appearing in the delay cause list.

2. This writ petition has been filed by the petitioner for

directing the respondents authorities to pay the entire amount

which is due for the work done by the petitioner pursuant to

agreement dated 03.03.2009 for which subsequently bill was

passed by the authorities to the tune of Rs. 99,120.00 along with

interest @ 18% per annum.

3. Considering the averments made by learned

counsel for the petitioner and the materials on record, this writ

petition is disposed of with a liberty to the petitioner to

approach the Executive Engineer, Patna West Bhawan

Pramandal (Building Division) Danapur, Patna (respondent

no.4) giving details of his dues. If such an application is filed

by the petitioner before the said authority within 15 days from
-2-

today along with a copy of this order, the said authority shall

decide the same in accordance with law by a speaking order. If

any amount or interest is found admitted and payable the

authority concerned shall immediately pay the same to the

petitioner. However, if any amount or interest is not found

admitted and payable in the said order, the petitioner will be at

liberty to challenge the same before an appropriate authority.

Devendra/                                      (S.N. Hussain, J.)