Mukesh Kumar Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

Mukesh Kumar Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of in terms similar to the Division Bench order in Nripendra Kumar Sinha (CWJC No. 3858 of 2022): Respondents directed to forthwith pay the petitioner's admitted outstanding dues, in any case within four weeks; for any disputed claim, a reasoned order to be passed within the same time frame and duly communicated to the petitioner; interlocutory application(s), if any, disposed of.

Issue for consideration

Whether the Respondents are liable to pay the pending bills of the petitioner for the completed tender work 'Emergent / Minor Repair on Day to Day Basis' (Gardanibagh Sub Division-1, Patna, year 2014-15) carried out under Agreement No. 351 F2/14-15 dated 22.11.2014 with the Executive Engineer, Gardanibagh Building Division. +1 more

Court's answer

In light of the Division Bench order dated 13.04.2022 in Nripendra Kumar Sinha (CWJC No. 3858 of 2022), this writ petition is disposed of in similar terms, with a direction that the Respondents shall forthwith make payment of the admitted outstanding dues to the petitioner, in any case not later than four weeks.

Ratio / Principle

Where 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 (four weeks) and duly communicated to the petitioner.

Detailed headnote1 paragraphs

CWJC No. 11809 of 2017 (Mukesh Kumar v. The State of Bihar & Ors.), High Court of Judicature at Patna, oral judgment dated 08-04-2025 by Hon'ble Justice Smt. G. Anupama Chakravarthy (NAFR). Petitioner sought mandamus-directed payment of pending bills for completed tender work 'Emergent / Minor Repair on Day to Day Basis' of the building under Gardanibagh Sub Division-1, Patna, for 2014-15, performed under Agreement No. 351 F2/14-15 dated 22.11.2014 with the Executive Engineer, Gardanibagh Building Division, Building Construction Department, together with 18% penal interest on the delayed pending bills. Holding the matter squarely covered by the Division Bench order dated 13.04.2022 in Nripendra Kumar Sinha Versus The State of Bihar & Ors. (CWJC No. 3858 of 2022), the Court disposed of the petition in similar terms: Respondents to forthwith pay the admitted outstanding dues, in any case within four weeks; any disputed claim to be met with a reasoned order within the same time frame, duly communicated to the petitioner; interlocutory applications disposed of. No bill amount or interest quantum is stated in the judgment.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11809 of 2017

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

Mukesh Kumar Son of Sri Mahesh Rai Resident of Village - Bhikhachak, Police Station - Gardanibagh, District - Patna Bihar.

... ... Petitioner/s

Versus

The State Of Bihar through the Principal Secretary, Building Construction Department, Government of Bihar, Patna

The Principal Secretary, Building Construction Department, Government of Bihar, Patna Bihar.

The Superintending Engineer, South Bihar Circle, Building Construction Department, Rajbanshi Nagar,

The Executive Engineer, Gardanibagh Building Division, Building Construction Department, Patna Bihar

The Assistant Engineer, Gardanibagh Sub Division - 1, Building Construction Department, Patna Bihar

The Junior Engineer, Gardanibagh Sub Division - I, Building Construction Department, Patna Bihar.

... ... Respondent/s

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

Appearance : For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the Respondent/s : Mr. Divit Vinod, AC to SC 26 ======================================================

CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

ORAL JUDGMENT

Date : 08-04-2025

Heard learned counsel for the

parties.

The petitioner has filed the Writ

petition for the following reliefs:

“i) For issuance of writ in the nature of mandamus or any other

Patna High Court CWJC No.11809 of 2017 dt.08-04-2025 2/4

appropriate writ for directing the Respondent to pay the pending bills of Petitioner as he has completed tender work namely Emergent / Minor Repair on Day to Day Basis of the building under Gardanibagh sub div-1, Patna for the year 2014-15, in pursuance of Agreement No. 351 F2/ 14-15 dated 22.11.2014, executed between the Petitioner and the Executive Engineer, Gardanibagh Building Division, Building Construction Department, Patna.

ii) For issuance of writ in the nature of mandamus or any other appropriate writ for directing the Respondents to pay 18% penal interest to the Petitioner on the pending bill amount for delay caused by the Respondent authority in payment of bills.

iii) For issuance of any other appropriate writ, order or direction which your Lordships may deem fit and proper in the facts and circumstances of the case.

At the outset, Learned counsel for petitioner contended that since this matter is

Patna High Court CWJC No.11809 of 2017 dt.08-04-2025 3/4

squarely covered under the order dated 13.04.2022 passed by a Division Bench of this Court in CWJC No. 3858 of 2022 (Nripendra

Kumar Sinha Versus The State of Bihar & Ors.) , this writ petition may also be disposed of on the same term and conditions.

Heard the learned counsel for the petitioner as well as the respondents.

In light of the aforesaid order passed in Nripendra Kumar Sinha (supra) , 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 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.

Interlocutory Application(s), if any,

Patna High Court CWJC No.11809 of 2017 dt.08-04-2025 4/4

shall stand disposed of.

(G. Anupama Chakravarthy, J)

Spd/-

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	08.04.2025
Transmission Date