Manoj Kumar Mishra v. The State Of Bihar and Ors.
Case brief
What is this about?
In this application, the petitioner sought a writ of mandamus directing the respondent Government of Bihar authorities to pay admitted dues of Rs. 29,469 along with interest for work done in 2001 under an agreement. The court, noting that the petitioner could not maintain a money suit due to limitation, held that a writ would not lie to direct payment after 12 years. Instead, the court directed th
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11115 of 2014
==================================================== Manoj Kumar Mishra s/o Chandrika Mishra, r/o Village Soti Bheriahi, P.S. Kanti, District Muzaffarpur. .... .... Petitioner/s Versus 1.The State of Bihar through the Principal Secretary, Public Works Department, Government of Bihar, Patna. 2.The Chief Engineer National Highway, Patna. 3.The Superintending Engineer, National Highway Circle, Muzaffarpur. 4.The Executive Engineer, National Highway, Division-2, Muzaffarpur. .... .... Respondent/s ==================================================== Appearance : For the Petitioner/s : Mr. Shashi Bhushan Singh For the Respondent/s : Mr. Sunil Kumar-Ii ===================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER
2 07-07-2014 Heard learned counsel for the parties as with regard
to the following relief prayed in this writ application:-
"(i) For issuance of appropriate writ in the nature of Mandamus commanding and directing the respondent authority to make payment the admitted dues to the petitioner amounting Rs. 29469/- against the bill for the work done by the petitioner vide Agreement no. 37F2 of 2001-2002 under Maintenance and Repairing of Godown situated at Daudpur Kothi, Bariya, Muzaffarpur.
(ii) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondent to make payment the aforesaid dues with 12% interest compound interest because the work
Patna High Court CWJC No.11115 of 2014 (2) dt.07-07-2014
Issues for consideration
2 issues framed by the court
Whether a writ of mandamus will lie for the court to direct payment of admitted dues after a lapse of 12 years given the terms of the agreement and applicable limitation law.
What proceedings are available to the petitioner for recovery of money owed after this writ application is disposed of.
Parties & counsel
- petitioner
Manoj Kumar Mishra
- respondent
The State of Bihar through the Principal Secretary, Public Works Department
- respondent
The Chief Engineer National Highway
- respondent
The Superintending Engineer, National Highway Circle
- respondent
The Executive Engineer, National Highway
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court