Dinesh Kumar Rai Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Dinesh Kumar Rai Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the petitioner to submit the necessary documents (MB book, vouchers and other records) to Respondent No. 6 within four weeks, failing nothing stated; on submission, the authority to verify and pay all amounts due to the petitioner within four weeks thereafter. The claimed sum of Rs. 6,04,366/- was not directly awarded, nor was compensation granted.

Issue for consideration

Whether the respondents can be compelled by writ of mandamus to disburse the outstanding amount claimed by the petitioner (Rs. 6,04,366/- per bill, with interest) for the construction work executed on the new block office, and whether withholding that bill amount was illegal/arbitrary. +1 more

Ratio / Principle

Having regard to the averments in the counter affidavit of Respondent No. 6, the Court held the ends of justice would be met by directing the petitioner to submit the necessary documents (MB book, vouchers, etc.) to Respondent No. 6 within four weeks.

Key takeaways

On such documents being submitted, the authority shall verify them and make the necessary payments due to the petitioner within a further period of four weeks.ratio¶29
With the above directions, the writ petition was disposed of; no unconditional mandamus, declaration, interest award or compensation was granted.ratio¶30

Detailed headnote1 paragraphs

Patna High Court (Hon'ble Mr. Justice A. Abhishek Reddy), Oral Order dated 23-10-2024, disposed of CWJC No. 6564 of 2024 (Dinesh Kumar Rai v. State of Bihar and others). The petitioner-contractor sought mandamus for release of Rs. 6,04,366/- billed for construction of the pevar block on the western side of the new Block Office at Bithan, executed under Agreement Yojana No. 1/2020-21 with Respondent No. 5 (BDO, Bathan Block), work order dated 12.02.2021. Per Respondent No. 6's counter affidavit, payment stood withheld because the petitioner had not submitted the MB book, purchase vouchers and other documents, although the authorities were ready to pay for the entire completed work once these were furnished. Directing the petitioner to file the necessary documents with Respondent No. 6 within four weeks, and requiring verification and payment of all dues within a further four weeks, the Single Judge disposed of the petition; the claimed amount was not confirmed outright and no compensation was awarded.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6564 of 2024

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

Dinesh Kumar Rai S/o Mishri Roy, R/o Ward no. 12 Rampur, P.S. Bharaiya, P.O. Nirpur, Samastipur, Bihar.

... ... Petitioner/s

Versus

The State of Bihar through the Secretary, Department of Panchayati Raj, Govt. of Bihar, Patna.

The District Magistrate, Samastipur, Bihar.

The District Development Commissioner, Samastipur.

The Sub- Divisional Officer, Rosera Sub-Division, District- Samastipur.

The Block Development Officer Bithan Block, Dist. Samastipur.

The Pramukh Panchayat Samiti, Bithan Block, Samastipur, Bihar.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Prabhat Kumar, Adv. For the Respondent/s : Mr. Standing Counsel (5) For the State : Mr. Kumar Manish, SC-5 Mrs. Shama Sinha, AC to SC-5 ======================================================

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

5 23-10-2024 Heard the learned counsel for the parties.

This writ petition has been filed for the following

relief(s):-

“i. to issue writ in the nature of mandamus or direction commanding the respondents and/or their agents to disburse the amount in favour of the petitioner for his construction work.

ii. To issue writ in the nature of mandamus commanding the respondents and/or their agents specifically the Block Development Officer and The Pramukh Block to consider the representation of the petitioner and disburse the

Patna High Court CWJC No.6564 of 2024(5) dt.23-10-2024 2/3

amount in favour of the petitioner for his construction work after giving an opportunity of hearing to the petitioner within a specified period fixing by this Hon’ble Court.

iii. To issue writ calling upon the respondents to produce and/or transmit all the relevant record before this Hon’ble Court so that conscionable justice may be given.

iv. to direct the respondents to make payment of the rest entire amount of Rs. 6,04,366/- as per bill provided by the Petitioner with interest forthwith.

v. To declare the action of the Respondents in not releasing the bill amount of Rs. 6,04,366/- for the work executed by the petitioner for the construction of new block as illegal, arbitrary, malafide, unjust, irresponsible and contrary to the principles of natural justice.

vi. To grant compensation in favour of the petitioner for the losses suffered by him.”

In the counter affidavit filed by the respondent No. 6, it is specifically stated that the petitioner was entrusted with the construction work of pevar block in western side of new Block Office, Bitha. An agreement Yojana No. 1/2020-21 for the construction was executed between petitioner and the Respondent No. 5, Block Development Officer, Bathan Block and work order was issued to the petitioner on 12.02.2021. It is further stated in the counter affidavit that after the completion of

Patna High Court CWJC No.6564 of 2024(5) dt.23-10-2024 3/3

the work, the petitioner has not submitted the MB book, vouchers of the purchased articles, and other documents. That in case the petitioner submits the above mentioned documents, the authorities are ready to pay for the entire work completed.

Having regard to the above stated averments in the counter affidavit filed by the Respondent No. 6, this Court is of the view that the ends of justice will be met if the petitioner is directed to submit the necessary documents to the Respondent No. 6 within a period of four weeks from today. On such documents being submitted, the authority shall verify and make the necessary payments due to the petitioner within a period of four weeks thereof.

With the above directions, the present writ petition stands disposed of.

(A. Abhishek Reddy , J)

Gauravkr/-

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