Allowed

Amar Nath Sharan v. the State of Bihar and Ors.

Patna HC3 Sept 2012CWJC/1050/2006

Case brief

AI extract

What is this about?

High Court directed Housing Board to examine bills for completed construction work and release admissible amounts within three months. Court penalized delay by ordering 12% compound interest if funds are not arranged, allowing clause-based adjudication for disallowed portions.

What did the court decide?

Respondent to examine bills, release admissible amount within three months, arrange funds if necessary, or pay 12% compound interest yearly from own pocket.

Amar Nath Sharan Vs the State of Bihar and Ors. — Service and Employment | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1050 of 2006

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====================================================== Amar Nath Sharan, son of Late Ran Narayan Sharan, resident of A/95, Housing Colony, Kankarbagh, Post & P.S. Kankarbagh, District- Patna800020. .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Chairman, Bihar State Housing Board, Patna-6 Sardar Patel Marg, Patna 3. The Managing Director, Bihar State Housing Board, Patna-6 Sardar Patel Marg, Patna 4. The Chief Engineer, Bihar State Housing Board, Patna 5. The Superintending Engineer, Bihar State Housing Board, Patna 6. The Executive Engineer, Bihar State Housing Board, Darbhanga Division, Darbhanga .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar 1 Mr. A.N.Mishra Mr. Rakesh Kumar For the Respondent/s : Mr. (Gp4) Mr. Rajiv Nayan Singh Mr. L.P.K.Rajgriha ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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13 03-09-2012 As per case of the petitioner, under agreement executed with the Housing Board and under valid orders he executed the work of construction of 60 HIG Group-B (Twin Type) flats in Darbhanga and completed the same in 2004. Thereafter, he submitted his bills.

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Learned counsel for the petitioner submits that the bill was passed and some payment was also made but some amount is still due with the Housing Board.

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Learned counsel for the Housing Board submits that the

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Patna High Court CWJC No.1050 of 2006 (13) dt.03-09-2012

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officers, who were handling the case of the petitioner have superannuated. Therefore, fresh measurement is required to be taken for which petitioner is required to cooperate.

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Learned counsel for the petitioner submits that fresh measurement has already been taken in which petitioner has cooperated. He also submits that in case any further recheck of the measurement is required to be done, the Board may do it even if petitioner is not present at the site and it should finally settle the bill of the petitioner and pay the remaining amount.

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It goes without saying that, if the petitioner has completed the work as per the contract agreement and to the satisfaction of the respondents, he is entitled for payment of his bills and the respondents have no authority to withhold the same indefinitely without any valid and cogent reasons. It may be made clear that, since petitioner claims to have done the work in terms of the agreement and/or under valid orders/authorization by the competent authorities, paucity of fund or non-allotment of fund also cannot and should not be an excuse for keeping his/its bills pending.

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In the circumstances, this writ application is disposed of with a direction to the concerned respondent, responsible for payment of the amount of bills of the petitioner, to examine his

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Patna High Court CWJC No.1050 of 2006 (13) dt.03-09-2012

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bills in the light of work done by him and ensure release of admissible amount of the bills to the petitioner positively within three months from the date of receipt/production of a copy of this order, if necessary, by arranging fund for the same, failing which, the said respondent shall be liable to pay an interest on the amount, at the rate of 12% compoundable yearly, from his own pocket. In case, the said respondent finds that the amount of bill or any part thereof is not payable to the petitioner, he shall communicate the same to the petitioner in specific terms, assigning reasons thereof, within that very period. In that event, petitioner shall be at liberty to seek his remedy in accordance with law before an appropriate forum and claim an adjudication in respect of his entitlement of the said amount with interest.

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(Jayanandan Singh, J)

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Pradeep/-

Amar Nath Sharan v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Amar Nath Sharan v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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