5. In the supplementary counter-affidavit filed on behalf of the respondent no. 1 to 5, while admitting the contractual dues of the petitioner, it has been stated that despite repeated requests, fund has not been allotted by the Ministry of Road Transport and Highways, Government of India, New Delhi for paying the liabilities of the financial year 2008-2009. By referring to Annexure-D to the aforesaid supplementary counter- affidavit, learned Additional Advocate General-5 appearing on behalf of the respondent no. 1 to 5 submits that the respondent Chief Engineer, National Highway Wing, R.C.D., Bihar, Patna has written a letter on 06.02.2015 to the Chief Engineer (Planning Zone), Ministry of Road Transport & Highways, Transport Bhawan, 1-Parliament Street, New Delhi, seeking permission from him to utilize the allocated fund for payment of liability prior to the year 2010- 2011, which includes the admitted dues of the petitioner also, but according to him, that letter has not been responded to till date and, therefore, despite availability of fund and despite the fact that the contractual dues of the petitioner is not under dispute, payment is not being made.
