Disposed

Syam Kishor Yadav v. The State Of Bihar and Ors.

Patna HC14 Jul 2014CWJC/11700/2014

Case brief

AI extract

What is this about?

This court directed the Superintending Engineer, National Highway Circle, Darbhanga, to determine the admissible payment claim of the petitioner for road construction work within three months, subject to deducting already paid amounts, while reserving the merit of the total claim for further adjudication.

What did the court decide?

Directed Superintending Engineer to decide admissible payment claim within 3 months, deducting Rs. 70,000 already paid.

Syam Kishor Yadav Vs The State Of Bihar and… — Contract and Commercial Disputes | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11700 of 2014

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====================================================== Syam Kishor Yadav, son of late Nageshwar Pd. Yadav, resident of Village Maruki, P.O. Kumma, Via Sursand, P.S. Sursand, Dist. Sitamarhi. .... .... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary, P.W.D. 2. The Chief Engineer, National Highway Wing, Road Construction Department, Patna.

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The Superintending Engineer, National Highway Circle, Darbhanga. 4. The Executive Engineer, National Highway Division, Sitmarhi. 5. The Assistant Engineer, National Highway Division, Sitamarhi. 6. The Junior Engineer, National Highway Division, Sitamarhi.

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.... .... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Virendra Kumar For the Respondent/s : Mr. Shri Nath Pathak

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====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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2 14-07-2014 Heard learned Counsels for the parties as with regard to the following relief prayed in this writ application:-

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"Directing the respondents authorities to pay

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the petitioners arrears of his bill with interest for the works carried out by him under agreement no. 22 F2/2002-03."

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Having regard to the fact that the petitioner’s claim for payment of amount covered by the contract performed by him in relation to the construction of road is subject matter of consideration by the Chief Engineer as would be evidenced from his letter no. 236 dated 24.1.2013 (Annexure-4), this Court would

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only direct the Superintending Engineer of National Highway

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Patna High Court CWJC No.11700 of 2014 (2) dt.14-07-2014

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Circle, Darbhanga to make payment of the admitted amount within a period of three months after deducting Rs. 70,000/- which has already been made.

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This Court, however, will not say anything with regard to admissibility of the entire claim of 3,52,000/- because there is nothing on record to show as to whether the petitioner’s work was satisfactory and there was no dispute with regard to the work done by the petitioner. In fact, it is the claim of the year 2002 about which writ application has been filed in the year 2014 and, therefore, all that can be said is that if the petitioner’s representation to the Chief Engineer has led to a direction to the Superintending Engineer to consider the grievance of the petitioner and the same is being not done, the Superintending Engineer must take a final decision as with regard to payment of admissible amount within a period of three months from the date of receipt/production of a copy of this order.

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In case the Superintending Engineer finds any portion of the claim of the petitioner not admissible and amount not payable, he will also be under obligation to inform the petitioner in writing the reasons for the same within the same period of three months.

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Patna High Court CWJC No.11700 of 2014 (2) dt.14-07-2014

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Let it be also made clear that this Court has not gone

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into the merit of the claim of the petitioner.

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With the aforementioned observation and direction, this application is disposed of.

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(Mihir Kumar Jha, J)

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Rishi/-
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Syam Kishor Yadav v. The State Of Bihar and Ors.

Case brief

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Syam Kishor Yadav v. The State Of Bihar and Ors.

Case brief

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