Pankaj Kumar Singh vs The State Of Bihar
2022 Latest Caselaw 4193 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.4865 of 2021
     ======================================================

Pankaj Kumar Singh Son of Sri Vijay Kumar Singh, Resident of Mohalla - Udakishunganj Dohatwari, Dohatwari Ward No. 03, P.O. and P.S. - Kishanganj, District - Madhepura 852220.

... ... Petitioner Versus

1. The State of Bihar through the Secretary, Building Construction Department, Vishweshwaraiya Bhawan, Bailey Road, Patna - 15

2. The Secretary, Building Construction Department, Vishweshwaraiya Bhawan, Bailey Road, Patna - 15

3. The Engineer-in-Chief, Building Construction Department, Vishweshwaraiya Bhawan, Bailey Road, Patna - 15

4. The Chief Engineer (North), Building Construction Department, Vishweshwaraiya Bhawan, Bailey Road, Patna - 15.

5. The Superintending Engineer, Building Construction Department, Building Circle, Saharsa.

6. The Executive Engineer, Building Construction Department, Building Division, Madhepura.

7. The District Magistrate, Madhepura.

8. The Principal Secretary/Additional Chief Secretary, Revenue and Land Reforms, Govt. of Bihar, Bihar, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Sahay, Adv. For the Respondent/s : Mr. Uday Shankar Sharan Singh ( GP-19 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH)

Date : 02-08-2022

The petitioner has filed the present application for

directing the respondents-State to pay admissible amount

relating to work, namely, "Construction of Model Rajswa Gram

Kachahari Bhawan at Udakishunganj Block in Madhepura Patna High Court CWJC No.4865 of 2021 dt.02-08-2022

District for the year 2016-2017". The petitioner has further

prayed for directing the respondents to pay interest at the rate

12% per annum upon the admitted amount from the date it

became due till the date of its realization.

2. Vide order dated 21.04.2022, the Chief Secretary,

Bihar was directed to examine the petitioner's claim and the

stand which is taken by the various departments of the State of

Bihar including the District Magistrate, Madhepura and file

affidavit in this regard. Pursuant to the aforesaid order dated

21.04.2022 passed by this Court, the petitioner has been paid

Rs. 7,67,524/- towards the payment of the due bill.

3. Mr. Uday Shankar Singh, learned counsel

appearing for the State submitted that since the due amount of

the petitioner has already been paid, the writ petition has

become infructuous.

4. In reply, the learned counsel for the petitioner

submitted that the payment was belatedly made to the petitioner

after six years. He contended that the petitioner is also entitled

to interest over the delayed payment.

5. Be that as it may, we dispose of the writ petition

with liberty to the petitioner to seek appropriate remedy under

the ordinary civil law for the redressal of his grievance so far as Patna High Court CWJC No.4865 of 2021 dt.02-08-2022

the payment of interest over the delayed payment of the due

amount is concerned.

(Ashwani Kumar Singh, J)

( Shailendra Singh, J) rohit/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          05-08-2022
Transmission Date       NA