Disposed

Subash Tiwari v. The State Of Bihar and Ors.

Patna HC17 Apr 2018CWJC/6718/2018

Case brief

AI extract

What is this about?

This writ petition was disposed of by granting liberty to the petitioner to submit a fresh representation to the Nagar Parishad for redressal of claimed dues within two weeks. The court directed that if admitted, payment with 6% interest would be made within six weeks. The court expressly reserved opinion on the merits of the claim.

What did the court decide?

Liberty granted to file fresh representation within two weeks; directed to decide and pay dues within six weeks with 6% interest if admissible; otherwise pass speaking order.

Subash Tiwari Vs The State Of Bihar and Ors. — Contract and Commercial Disputes | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.6718 of 2018

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Subhash Tiwari son of Rajeshwar Tiwari Resident of Mohalla - Rajendra Nagar, Ward No. 22, Police Station Gopalganj, District - Gopalganj.

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.... .... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Urban Development Department, Bihar, Patna.

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The District Magistrate, Gopalganj.

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The District Development Commissioner, Gopalganj.

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The Executive Engineer, District Urban Development Authority, Gopalganj.

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The Executive Officer, Nagar Parishad, Gopalganj.

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.... .... Respondent/s

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

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For the Petitioner/s : Mr. Lokesh Kumar Singh, Adv For the Respondent/s : Mr. KINKAR KUMAR- SC9

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=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT

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Date: 17-04-2018

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Heard learned counsel for the petitioner and learned Counsel for the respondents.

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The present writ petition has been taken up out of turn on the request of learned counsel for the petitioner for disposal of the same with a direction to the respondents to pay the admitted dues of the petitioner.

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Learned counsel for the petitioner submits that despite having completed the contract work in terms of agreement No. 23/F2/2016-17 an amount of Rs. 16,73,000/- remains outstanding for payment.

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Learned counsel for the respondent- Nagar Parishad appears and has been heard.

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Having regard to the nature of the grievances of the petitioner and with the consent of the parties this writ petition is disposed of, granting liberty to the petitioner to approach the Executive

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Patna High Court CWJC No.6718 of 2018 dt.17-04-2018

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Officer, Nagar Parishad, Gopalganj (Respondent No. 5) with a fresh representation for redressal of his grievances. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of, ensuring payment to the extent found due to the petitioner, within a period of six weeks from the date of receiving the petitioner’s representation. Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioner to receive payment together with simple interest at the rate of 6% per annum on the admitted dues calculated from the date when the amount became due till the date of its actual payment. In case the petitioner’s claim is found inadmissible, whether in whole or in part, the petitioner’s representation shall be disposed of by a speaking order in that regard.

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It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner.

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(Vikash Jain, J)

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Chandran/BT

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	24.04.2018
Transmission Date	NA

Subash Tiwari v. The State Of Bihar and Ors.

Case brief

What is this about?

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Subash Tiwari v. The State Of Bihar and Ors.

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