Disposed

Hare Krishna Lal Das v. the State of Bihar and Ors.

Patna HC6 Aug 2012CWJC/5454/2005

Case brief

AI extract

What is this about?

This oral order disposed of five writ applications filed by Hare Krishna Lal Das for payment of admitted dues regarding work done. The court held that since the claim was disputed by respondents, the petitioner's only remedy was to approach the Tribunal.

What did the court decide?

All five writ applications were disposed of with liberty to the petitioner to move the Tribunal.

Hare Krishna Lal Das 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.5001 of 2005

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======================================================

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Hare Krishna Lal Das, S/O Late Madhusudan Das, resident of village Kaithahi, P.S. Rajnagar, District- Madhubanmi, at present residing at Ward No.1, West Gajandhar, Supaul, P.S. and District- Supaul.

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.... .... Petitioner/s Versus

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The State Of Bihar through the Secretary, Building Construction Department, Govt. of Bihar, Patna

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The Engineer-in-Chief, Building Construction Department, Govt. of Bihar, Patna

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The Chief Engineer (North Bihar) Building Construction Department, Govt. of Bihar, Patna

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The Superintending Engineer, Building Construction Department, Darbhanga Circle, Darbhanga

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The Executive Engineer, Building Construction Division, Madhubani

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The Assistant Engineer-cum-Sub-Divisional Officer, Building

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Construction Sub-Division, Jhanjharpur, District- Madhubani

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.... .... Respondent/s

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======================================================

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with

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Civil Writ Jurisdiction Case No.5022 of 2005

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======================================================

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Hare Krishna Lal Das, S/O Late Madhusudan Das, resident of village Kaithahi, P.S. Rajnagar, District- Madhubanmi, at present residing at Ward No.1, West Gajandhar, Supaul, P.S. and District- Supaul.

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.... .... Petitioner/s Versus

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The State Of Bihar through the Secretary, Building Construction Department, Govt. of Bihar, Patna

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The Engineer-in-Chief, Building Construction Department, Govt. of Bihar, Patna

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The Chief Engineer (North Bihar) Building Construction Department, Govt. of Bihar, Patna 4. The Superintending Engineer, Building Construction Department, Darbhanga Circle, Darbhanga

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The Executive Engineer, Building Construction Division, Madhubani

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The Assistant Engineer-cum-Sub-Divisional Officer, Building

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Construction Sub-Division, Jhanjharpur, District- Madhubani .... .... Respondent/s

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======================================================

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with

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Civil Writ Jurisdiction Case No.5097 of 2005

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====================================================== Hare Krishna Lal Das, S/O Late Madhusudan Das, resident of village Kaithahi, P.S. Rajnagar, District- Madhubanmi, at present residing at Ward No.1, West Gajandhar, Supaul, P.S. and District- Supaul.

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.... .... Petitioner/s

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Versus

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The State Of Bihar through the Secretary, Building Construction Department, Govt. of Bihar, Patna

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The Engineer-in-Chief, Building Construction Department, Govt. of Bihar, Patna

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Patna High Court CWJC No.5001 of 2005 (5) dt.06-08-2012

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2 / 3

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The Chief Engineer (North Bihar) Building Construction Department, Govt. of Bihar, Patna 4. The Superintending Engineer, Building Construction Department, Darbhanga Circle, Darbhanga

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The Executive Engineer, Building Construction Division, Madhubani

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The Assistant Engineer-cum-Sub-Divisional Officer, Building

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Construction Sub-Division, Jhanjharpur, District- Madhubani .... .... Respondent/s ====================================================== with

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Civil Writ Jurisdiction Case No.5177 of 2005

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The State Of Bihar through the Secretary, Building Construction Department, Govt. of Bihar, Patna

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The Engineer-in-Chief, Building Construction Department, Govt. of Bihar, Patna

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The Chief Engineer (North Bihar) Building Construction Department, Govt. of Bihar, Patna

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The Superintending Engineer, Building Construction Department, Darbhanga Circle, Darbhanga

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The Executive Engineer, Building Construction Division, Madhubani

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The Assistant Engineer-cum-Sub-Divisional Officer, Building

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Construction Sub-Division, Jhanjharpur, District- Madhubani .... .... Respondent/s

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======================================================

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with

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Civil Writ Jurisdiction Case No.5454 of 2005

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======================================================

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Hare Krishna Lal Das, S/O Late Madhusudan Das, resident of village Kaithahi, P.S. Rajnagar, District- Madhubanmi, at present residing at Ward No.1, West Gajandhar, Supaul, P.S. and District- Supaul.

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.... .... Petitioner/s Versus

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The State Of Bihar through the Secretary, Building Construction Department, Govt. of Bihar, Patna 2. The Engineer-in-Chief, Building Construction Department, Govt. of Bihar, Patna

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The Chief Engineer (North Bihar) Building Construction Department, Govt. of Bihar, Patna 4. The Superintending Engineer, Building Construction Department, Darbhanga Circle, Darbhanga

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The Executive Engineer, Building Construction Division, Madhubani

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The Assistant Engineer-cum-Sub-Divisional Officer, Building

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Construction Sub-Division, Jhanjharpur, District- Madhubani .... .... Respondent/s

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======================================================

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Appearance : (In all writ applications) For the Petitioner/s : M/s Sharad Kr. Sinha and Shantanu Kumar

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Patna High Court CWJC No.5001 of 2005 (5) dt.06-08-2012

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3 / 3

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For the Respondent/s : Mr. Manoj Kumar Jha

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====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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5 06-08-2012

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These writ applications were filed for a direction to the respondents for payment of admitted dues of the bills in respect of the work done by the petitioner.

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From the counter affidavit filed in one case, it appears that the claim of the petitioner has been disputed on the ground that the Executive Engineer did not produce measurement book etc. in respect of the claim of the petitioner.

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Since claim of the petitioners has not been admitted by the respondents, petitioner has only remedy available to him to move before the Tribunal in the matter.

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In the circumstances, all the five writ applications are disposed of with liberty to the petitioner to move the Tribunal. Since matter has remained pending in this Court for quite long, it is observed that if the petitioners file an application for condonation of delay, the Tribunal shall consider the application in the background of the fact that the writ applications were pending in this Court since 2005 and there was also delay in communication by the respondents of rejection order.

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(Jayanandan Singh, J)

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Pradeep/-

Hare Krishna Lal Das v. the State of Bihar and Ors.

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Hare Krishna Lal Das v. the State of Bihar and Ors.

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