Patna High Court
Mukesh Kumar Singh vs The State Of Bihar on 9 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4776 of 2022
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Mukesh Kumar Singh, S/o Harendra Singh, resident of Village- Mohjama,
Ghayaspur, P.S. and P.O.- Paroo, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Minor Irrigation
Department Bihar, Patna.
2. The Chief Engineer, Minor Irrigation, North Bihar, Patna.
3. The District Magistrate, Muzaffarpur.
4. The Superintending Engineer, Minor Irrigation Division, Muzaffarpur.
5. The Executive Engineer, Minor Irrigation Division, Muzaffarpur.
6. The Accountant, Minor Irrigation, Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Raju Kumar, Advocate
For the Respondent/s : Mr. Anirban Kundu, SC 24
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 09-05-2022
Heard learned counsel for the parties.
Petitioner has prayed for following relief:-
"(i) To issue an appropriate order/s direction/s
including a writ preferably in the nature of Mandamus
commanding and directing upon the respondents to make
the payment of admitted dues of the petitioner amounting
to Rs. 6,64,800/- (Rupees Six lac Sixty four thousand
Eight hundred) only in lieu of works completed by the
petitioner within time against contract entered with the
petitioner and respondent No. 5 vide Agreement No.
31F2/2019-20 for the work of Renovation of Chopar
Pokhar, situated at Block-Bochahan, District-
Muzaffarpur for the year 2019-20 of Group No. 209
approved by the letter No. 1963 dated 14-10-2019 issued
by Superintending Engineer, Minor Irrigation
Department, Muzaffarpur.
Patna High Court CWJC No.4776 of 2022 dt.09-05-2022
(ii) To direct the respondents to make the
payment of aforesaid admitted dues of the petitioner
hence forthwith which has been wrongly and illegally
withheld by the respondents.
(iii) To direct the respondents to make the
payment of penal interest on the aforementioned dues to
the petitioner on account of delay and latches on the part
of the respondents.
(iv) To any other relief/s tor which the
petitioner is entitled in the facts and circumstances of the
case."
We are informed that the Arbitration Tribunal
constituted under the provisions of the Bihar Public Works
Contract Disputes Arbitration Tribunal Act, 2008 is not
functional and operational.
In this view of the matter, we are inclined to accept the
petitioner's request of approaching respondent no. 2, namely,
the Chief Engineer, Minor Irrigation, North Bihar, Patna
inviting attention of his grievances with respect to the
agreement executed in the year 2019.
Learned counsel for the State has no objection to the
same.
We clarify that we have not expressed any opinion on
merits. Also the issue of maintainability of the petition is left
open.
Passing of the order shall not be construed as a
precedent for the order is passed in the peculiar facts and
circumstance of the instant case, more so, in view of the
Patna High Court CWJC No.4776 of 2022 dt.09-05-2022
petitioner's previous request which are pending consideration
with the authorities.
It is under these circumstances, we have passed the
order.
We clarify that the authority shall take a view
independent of any observations made by us.
Such view has to be based on the merits binding the
parties to the agreement.
Liberty reserved to the parties to take recourse to such
measures should the need so arise.
Needless to add, any request received from the
petitioner shall be considered and decided within a period of
two months thereafter.
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sujit/Ashwini
AFR/NAFR
CAV DATE
Uploading Date 13.05.2022
Transmission Date
