Patna High Court
M/S Sah Construction vs The State Of Bihar on 12 August, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11115 of 2022
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M/S Sah Construction, through its Managing Partner Suresh Sah, Male, aged
about 68 years, Son of late Lakhan Sah, resident at Kushwaha Colony, Police
Station- Tarapur, District- Munger.
... ... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Bihar, Patna.
2. The Principal Secretary, Rural Works Department, Bihar, Patna.
3. The Engineer-In-Chief, Rural Works Department, Bihar, Patna.
4. The Executive Engineer, Rural Works Department Works, Division, Munger.
5. The Executive Engineer, Rural Works Department Works Division,
Kharagpur, Tarapur (Munger).
6. The Divisional Accounts Officer, Rural Works Division, Kharagpur, Tarapur
(Munger).
7. The Divisional Commissioner, Munger Division, Munger.
8. The District Public Grievance Redressal Officer, Munger.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rana Ishwar Chandra,Advocate
For the Respondent/s : Mr.Kameshwar Prasad Gupta ( GP 10 )
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice/Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also the Advocates and the Staffs joined the
proceedings through Video Conferencing from their residences/offices.)
Date : 12-08-2022
Petitioner has prayed for the following relief(s):
"(I) For Commanding and directing
the Respondent No. 5 to pay the admitted dues
of Rs. 82,328 (Rs. Eighty two thousand three
Patna High Court CWJC No.11115 of 2022 dt.12-08-2022
hundred and twenty eight only) to the petitioner
along with statutory penal interest for the
delayed period; from 2014 till date.
(II) For Commanding and directing
the Respondent No. 5 to pay Rs. 16,344/-
(Sixteen thousand three hundred and forty four)
being the security deposit along with statutory
penal interest for the delayed period i.e., from
2014 till date.
(III) For commanding and directing
the Respondent No. 5 to p ay the penal interest
from the period during which National Saving
Certificate (in short "NSC") of the petitioner
amounting to Rs. 3,00,500/- (Three lac and five
hundred only) deposited as earnest money were
unnecessarily withheld, i.e. from 2011 to 2017.
(IV) For Commanding and directing
the Respondent No. 5 to pay penal interest upon
the amount of security money, amounting to Rs.
2,14,280/- (Two lac, fourteen thousand, two
hundred and eighty only) from 2011 to 2017.
(V) For Commanding and directing
the Respondent No. 5 to pay proper
compensation to the petitioner for the mental,
economical and physical injury, caused to this
petitioner.
(VI) For such other relief(s) for
which the petitioner may be found entitled in the
facts and circumstances of this case."
After the matter was heard for some time, finding
the Court not in favour of the submissions made by the learned
Patna High Court CWJC No.11115 of 2022 dt.12-08-2022
counsel for the petitioner, learned counsel for the petitioner,
under instructions, states that the petitioner shall be content if
the petition is disposed of, with liberty to initiate appropriate
proceedings before the appropriate forum and to take recourse
to such other alternate remedies which are equally efficacious in
law.
Prayer allowed.
All issues of law and fact are left open.
The petition is disposed of with the liberty
aforesaid.
Interlocutory application(s), if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/DKS
AFR/NAFR
CAV DATE
Uploading Date 16.08.2022
Transmission Date
