Patna High Court
Shri Binesh Kumar vs The State Of Bihar And Ors on 30 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9970 of 2018
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Shri Binesh Kumar Son of Late Yugeshwar Rai, At Post- Babupur, Kishanpur,
P.S. - Warisnagar, Distt.- Samastipur.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Building Construction Department, Govt. of Bihar,
Patna.
3. The Engineer-in-Chief Building Department, Vishwasharaiya Bhawan,
Govt. of Bihar, Patna, Bihar.
4. Th Deputy Secretary to the Govt. Building Construction Deptt.
Vishwasharaiya Bhawan, Govt. of Bihar
5. The Superintending Engineer Vishwasharaiya Bhawan, Govt. of Bihar,
Patna, Bihar.
6. The Executive Engineer, Building Construction Department, Building
Division Samastipur.
7. The District Magistrate, Samastipur.
8. The Election Commission of India through the Chief Electoral Officer,
Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Sinha, Adv.
For the Respondent/s : Mr. Syed Iqbal Ahmad- SC-20
Md. Zeeshan Kalim, AC to SC-20
Mr. Siddhantha Prasad, Adv.
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 30-06-2025
1. The Writ petition is filed for the following
relief:-
That this is an application
for issuance of appropriate,
writ(s), order(s), direction(s) for
payment of admitted outstanding
Patna High Court CWJC No.9970 of 2018 dt.30-06-2025
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dues of Rs. 34,98,230/- out of total
bill of Rs. 1,64,77,256/- (one crore
sixty four lac seventy seven
thousand two hundred fifty six
only) with consequential order for
the work for construction of 6000
capacity EVM Godown of
Samastipur for the year 2014-15
and also bill of Rs. 1,42,0349/- for
internal electrification and
electrical installation in 6000
capacity EVM Godown without
house at Samastipur.
2. Heard the Learned counsel for the
petitioner as well as the Learned counsel for the
respondents.
3. A detailed counter affidavit was filed by
respondent Nos. 1 to 6 wherein it is admitted that
the petitioner had completed the work and is due to
him. The counter affidavit further disclose that the
respondents shall make payment of Rs. 45,40,435/-
as soon as the funds are allotted and received by the
concerned departmental division.
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4. The said counter affidavit was filed on
09.02.2023
; however, said the amount has not been
paid to the petitioner to date. Therefore, this Court
is of the considered view that the petitioner is
entitled to the amount admitted by the department.
Alhough the counter affidavit was filed in the year
2023 stating that the amount shall be paid to the
petitioner upon allotment of funds from the
department. However, the counter affidavit does not
disclose the specific date on which such allotment
will be made or when the payment will be paid to the
petitioner.
5.Admittedly, the petitioner should not suffer
for the works executed by him. Therefore, this Court
is of the considered view that respondent Nos. 1 to 6
shall forthwith pay the amount to the petitioner.
6. It is an admitted fact that the petitioner
had completed the works prior to 2018; therefore, he
is entitled to interest on the amounts invested by
him. Accordingly, interest @ of 6% per annum shall
be paid on the admitted dues by the government,
the same shall be paid forthwith to the petitioner.
Patna High Court CWJC No.9970 of 2018 dt.30-06-2025
7. With the aforesaid observations, the Writ
petition stands disposed of.
(G. Anupama Chakravarthy, J)
Manish/-
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