The Court disposed of a writ petition by directing the respondents to pay admitted outstanding dues to the petitioner within four weeks, aligning with a prior order in a related case concerning departmental delay.
Direction to pay admitted outstanding dues within four weeks; if refused, to pass a reasoned order within the same period.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10556 of 2021
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Arvind Satyarthy, S/o Anant ram satyarthy R/o Grow More Nursery, Sipahi Tola, Purnea, District-Purnea.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kr. Singh with Mr. Pankaj Kumar Singh, Advocates For the Respondent/s : Mr. Niranjan Kumar with Mr. Kunal Kishan and Mr. Avinash Roushan, Advocates
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CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJAN GUPTA)
3 30-08-2022 The present writ petition has been filed for directing
the respondents to release the admitted outstanding dues for the work done.
This Court had earlier sought for personal appearance of the Principal Secretary, Building Construction Department, Government of Bihar, Patna, in a writ petition bearing CWJC No. 16088 of 2021 and a statement was recorded on 9.3.2022. Certain observations were made by this Court. It was also observed that this Court expects all the departments to follow the same pattern as regards payment of admitted dues. Relevant
Patna High Court CWJC No.10556 of 2021(3) dt.30-08-2022 2/3
paragraphs of the said order dated 9th of March, 2022, is reproduced below:-
“We have a bunch of cases where same question is involved regarding harassment caused to the common citizen in making timely payment despite the dues being admitted by the Department.
Mr. Kumar Ravi, Secretary, Building Construction Department, Government of Bihar, Patna is present today before us. He has assured the Court that necessary instructions shall be issued for making it mandatory that admitted dues are paid as soon as it became due, in any case, not later than one month or within the statutory period provided for in the Contract. In case, there is an inordinate delay, the action of the Officer shall be departmentally inquired into, if necessary with the help of the Vigilance Department. In those cases, where the Court imposes interest for delayed payment beyond a particular period, the same shall be deducted from the salary of the Officials responsible for delay. He, however, assures that a copy of this order shall be handed over to the Chief Secretary, Government of Bihar, Patna. We expect that the same pattern shall be followed in other departments as well.
Personal appearance of Mr. Kumar Ravi, Secretary, Building Construction Department, Government of Bihar, Patna is exempted for the next date of hearing.”
In light of the aforesaid order dated 9.3.2022 passed in CWJC No. 16088 of 2021, the present writ petition is also disposed off in similar terms with a direction that the Respondents shall forthwith make payment of the admitted outstanding dues to be paid to the petitioner, in any case not
Patna High Court CWJC No.10556 of 2021(3) dt.30-08-2022 3/3
later than four weeks from today. It is further directed that in case, any claim of the petitioner is disputed or does not find favour with the Respondent authorities, a reasoned order shall be passed within the same time frame and duly communicated to the petitioner.
(Rajan Gupta, J)
( Dr. Anshuman, J)
Anjani/-
U
1 issue framed by the court
Whether the respondents should be directed to pay admitted outstanding dues within a specified time?
Arvind Satyarthy
The Purnea University
Rajan Gupta
Dr. Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
