Shivshankar Singh Contract Pvt. ... vs The State Of Bihar
2021 Latest Caselaw 5925 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.2020 of 2021
     ======================================================

Shivshankar Singh Contract Pvt. Ltd. through its Managing Director namely Shivshankar Singh, Male, aged about 62 years, son of Laxmi Singh, resident of Mohalla- Rajendra Nagar, Police Station- Gopalganj, District- Gopalganj.

... ... Petitioner/s Versus

1. The State of Bihar through the Special Secretary, Building Construction Department, Government of Bihar, Patna.

2. The Chief Engineer (North), Building Construction Department, Government of Bihar, Patna.

3. The Superintending Engineer, Building Construction Department, Building Anchal, Motihari, East Champaran.

4. The Executive Engineer, Building Construction Department, Building Division, Motihari, East Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Advocate Mr. Lokesh Kumar Singh, Advocate For the Respondent/s : Mr. Syed Iqbal Ahmad, SC-20 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 07-12-2021

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

"1. That this is an application for issuance of an appropriate writ and/ or order and/ or direction commanding the respondents to pay the admitted bill of Rs. 31,19,078/- of the petitioner which is due since 2012 for executing the remaining construction work of 75 bed Sub-

divisional Hospital at Pakridayal, Motihari as Patna High Court CWJC No.2020 of 2021 dt.07-12-2021

per agreement i.e. Aggt. No. 27/2010-2011. The petitioner has completed its work within stipulated time of 18 months on 04.03.2012."

Leaving the issue of maintainability of the present

petition open, the present petition stands disposed of with the

limited prayer, which the learned counsel makes, for decision

of the petitioner's request, which the petitioner shall be

making within a period of four weeks from today.

As such, present petition stands disposed of in the

following terms:-

(a) Petitioner is permitted to file a representation

before the authority concerned within a period of four weeks

from today;

(b) In the event, representation is filed before the

authority concerned within a period of four weeks from today,

the said respondent shall consider and decide the same, on

merits, within a period of eight weeks, of course after

complying with the principles of natural justice.

(c) The authority concerned shall pass a reasoned

and speaking order, within a period of eight weeks from the

date of filing of the representation along with a copy of this

order, copy whereof be supplied to the parties;

Patna High Court CWJC No.2020 of 2021 dt.07-12-2021

(d) Equally, liberty reserved to the parties to take

recourse to such other remedies as are otherwise available in

accordance with law;

(e) We are hopeful that as and when petitioner

takes recourse to such remedies, as are otherwise available in

law, before the appropriate forum, the same shall be dealt

with, in accordance with law and with reasonable dispatch;

(f) We have not expressed any opinion on merits

and all issues are left open;

(g) Liberty reserved to the petitioner to challenge

the order, if required and desired.

The instant petition sands disposed of in the

aforesaid terms.

Interlocutory Application(s), if any, stands

disposed of.

(Sanjay Karol, CJ)

(S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 10.12.2021 Transmission Date