Civil Writ Jurisdiction matter regarding payment of contractual dues. The petition was dismissed as infructuous because the respondent's affidavit stated payment was made after final measurement, and the petitioner filed no rejoinder disputing this.
The writ petition stands dismissed as infructuous.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20567 of 2010
====================================================== Adarsh Bandhu Construction Pvt. Ltd. through its Director, Shri Ram Chandra Prasad S/O Late Bachu Ram the Regtd. Office Situated at Daud Nagar, Ward No.12, Distt.-Aurangabad. .... .... Petitioner/s
Versus
====================================================== Appearance :
For the Petitioner/s : Mr. Kamala Kant Tiwary For the Respondent/s : Mr. Bhaskar Shankar, AC to GP-16
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER
4 24-04-2015
The matter at issue is the payment of the contractual dues of the petitioner, which has been indicated in paragraph-1 of the writ petition.
In the counter-affidavit filed on behalf of the respondent Executive Engineer it has been stated in paragraph-7 that after final measurement of the works done by the petitioner, final bill submitted by him was passed and accordingly payment has been made to him, which he accepted without any objection.
Though a copy of the aforesaid counter-affidavit was served upon the learned counsel appearing on behalf of the petitioner way back on 10.02.2015, yet no rejoinder affidavit has been filed on behalf of the petitioner disputing the assertions made in the aforesaid counter-affidavit.
In that view of the matter, this Court is of the opinion that in view of the redressal of the valid grievances of the petitioner, the present matter has become infructuous.
The writ petition stands, accordingly, dismissed as infructuous.
(Birendra Prasad Verma, J)
BTiwary/-
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Adarsh Bandhu Construction Pvt. Ltd.
The State of Bihar
Chief Engineer, Water Resources Deptt.
Chief Engineer, Water Resources Deptt., Aurangabad
Superintending Engineer, Uttar Koyal
Executive Engineer, Uttar Koyal Nahar Pramandal
Birendra Prasad Verma
As recorded by the court registry
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