Patna High Court
Mukesh Kumar vs The State Of Bihar And Ors on 8 April, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11809 of 2017
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Mukesh Kumar Son of Sri Mahesh Rai Resident of Village - Bhikhachak,
Police Station - Gardanibagh, District - Patna Bihar.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Building Construction
Department, Government of Bihar, Patna
2. The Principal Secretary, Building Construction Department, Government of
Bihar, Patna Bihar.
3. The Superintending Engineer, South Bihar Circle, Building Construction
Department, Rajbanshi Nagar,
4. The Executive Engineer, Gardanibagh Building Division, Building
Construction Department, Patna Bihar
5. The Assistant Engineer, Gardanibagh Sub Division - 1, Building
Construction Department, Patna Bihar
6. The Junior Engineer, Gardanibagh Sub Division - I, Building Construction
Department, Patna Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate
For the Respondent/s : Mr. Divit Vinod, AC to SC 26
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 08-04-2025
1. Heard learned counsel for the
parties.
2. 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
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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.
3. At the outset, Learned counsel for
petitioner contended that since this matter is
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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.
4. Heard the learned counsel for the
petitioner as well as the respondents.
5. 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.
6. Interlocutory Application(s), if any,
Patna High Court CWJC No.11809 of 2017 dt.08-04-2025
shall stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 08.04.2025
Transmission Date
