M/S Adrash Construction Vs The Chairman Bihar Urban Infrastructure Development Corporation — Patna HC (2024) — LawSathi Research

M/S Adrash Construction Vs The Chairman Bihar Urban Infrastructure Development Corporation — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of at admission stage with consent of parties; respondent No. 3 directed to consider the petitioner's representation (Annexure-3) preferably within eight weeks, to make payment of the amount due if the claim is found genuine, or to pass a reasoned order if rejected, after affording the petitioner an opportunity of hearing and communicating the order.

Issue for consideration

Whether respondent No. 3 (Executive Engineer, BUIDECO, Muzaffarpur) should be directed to consider the petitioner's representation (Annexure-3) and make necessary payments in accordance with law.

Court's answer

Without going into merits or demerits, and with the consent of both parties, the writ petition is disposed of at the stage of admission, directing respondent No. 3 to consider the petitioner's representations as expeditiously as possible, preferably within eight weeks from receipt of a copy of the order.

Ratio / Principle

If the petitioner's claim is found genuine, respondent No. 3 shall take necessary steps to make payment of the amount due; if the claim is rejected, a reasoned order giving reasons must be passed.

Key takeaways

Before passing any order the petitioner shall be given an opportunity of hearing, and any order passed shall be communicated to the petitioner.ratio¶19

Detailed headnote1 paragraphs

Patna High Court (A. Abhishek Reddy, J) disposed of CWJC No.3171 of 2024 at the stage of admission, on the consent of both parties and without going into merits, directing respondent No. 3 (Executive Engineer, BUIDECO, Muzaffarpur) to consider the petitioner's representation (Annexure-3) as expeditiously as possible, preferably within eight weeks of receipt of a copy of the order. If the claim is found genuine, payment of the amount due is to be made; if rejected, a reasoned order is to be passed. Before passing any order the petitioner is to be given an opportunity of hearing, and the order is to be communicated to him.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3171 of 2024

======================================================

M/S Adrash Construction through its Proprietor Amit Kumar Singh, aged about 42 years, Male, Son of Sri Dhurendra Prasad Singh @ Dhurandhar Prasad Singh, resident of Rahul Nagar Brahampura, P.S. Brahampura, District - Muzaffarpur.

... ... Petitioner/s

Versus

The Chairman Bihar Urban Infrastructure Development Corporation Bihar, Patna.

The Managing Director, BUIDECO, Muzaffarpur.

The Executive Engineer, BUIDECO, Muzaffarpur.

The State of Bihar through the Principal Secretary and Housing Dept. Bihar, Patna.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Raju Kumar, Adv. For Respondent : Mr. Lalit Kishore, Sr. Adv. : Mr. R.K. Priyadarshi, Adv. For the Respondent/s : Mr. Standing Counsel 3 ======================================================

CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

5 18-11-2024

Learned counsel appearing on behalf of the petitioner

states that the present writ petition may be disposed of directing the respondent No. 3 herein to consider the representation made by the petitioner (Annexure-3) and make necessary payments in accordance with law.

Learned counsel appearing on behalf of the respondent-State states that he has no objection if a direction is given to the respondent No. 3 to consider the said representation made by the petitioner and pass necessary orders strictly in accordance with law.

Patna High Court CWJC No.3171 of 2024(5) dt.18-11-2024 2/2

Having regard to the above made submissions and the fact that the petitioner has made a representation to the authorities concerned, this Court, without going into merits or demerits of the case, is disposing of the present writ petition at the stage of admission with the consent of both the parties directing the respondent No. 3 herein to consider the representations made by the petitioner as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. In case the claim of the petitioner is found to be genuine, the Respondent No. 3 shall take necessary steps for making the payment of the amount due to the petitioner. In case the authority concerned rejects the claim of the petitioner, he shall pass a reasoned order, giving reasons for the same.

It is needless to mention that before passing any orders, the petitioner shall be given an opportunity of hearing. Any order passed shall be communicated to the petitioner.

With the above directions, the present CWJC is disposed of.

(A. Abhishek Reddy, J)

Ayush/-

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