Patna High Court
M/S Ramay Enterprise vs The Union Of India And Ors on 14 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13010 of 2016
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M/s Ramay Enterprise, through it's Managing Partner Birendra Singh, Son of
Late Mohan Singh Resident of Khiriawan Bhawan Piparpati New Area, Gaya,
P.S. - Kotwali, District - Gaya.
... ... Petitioner/s
Versus
1. The Union Of India through the Divisional Railway Manager Eastern
Central Railway Danapur.
2. The Divisional Railway Manager Eastern Central Railway Danapur.
3. The Divisional Engineer Eastern Central Railway, Danapur.
4. The Divisional Finance Manager/Senior Accounts Officer Eastern Central
Railway Danapur.
5. The Sectional Engineer (Rail Path) Eastern Central Railway Jehanabad.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shivendra Prasad, Advocate
For the Respondent/s : M/s Dr. Priya Gupta, CGC
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 14-10-2025
1 The petitioner has filed the instant
application for the following reliefs:
"for issuance of an
appropriate writ/writs, order/orders
direction/ directions to the respondent
authorities to make payment of
outstanding dues bill amount relating to
the contract work namely
"The through turn out
renewal of existing point and crossing
with 52 kg fan shaped curve switches
and renewal of derailing switches with
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52 kg new one in P.G. sector of Danapur
Railway Division"
With interest as the work
aforesaid contract of which was given to
the petitioner has already been
completed and though the final bill of
the work has already been prepared
and submitted but only part of the total
bill amount has been paid to the
petitioner and remaining bill amount
has still not been paid to the petitioner.
The petitioner further prays for any
other relief(s) for which the petitioner
may be found entitled in the facts and
circumstances of the present case."
2. The brief facts as culled out from
the petition are that the petitioner, a registered
contractor, participated in Tender Notice No. W-
7/Tender/02/Open/DNR/07-08 dated 06.06.2007,
floated by the Railways for the aforementioned
contract work. Upon successful bidding, the
contract was duly awarded to the petitioner. It is
submitted that the petitioner was directed by the
Divisional Engineer, to deposit the performance
guarantee and commence the work, which he did
Patna High Court CWJC No.13010 of 2016 dt.14-10-2025
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accordingly.
3. It is submitted by the Learned
counsel for the petitioner that due to non-
availability of essential railway materials and
simultaneous extension of time in the project area,
the execution of the contract work was delayed.
Multiple extensions for the date of completion were
sought and it was subsequently, granted by the
respondent authorities.
4. It is further submitted that after
completion of the work, the final bill was duly
prepared and submitted. However, the outstanding
dues amounting to Rs.4,63,520.72 was not
released despite repeated requests and
representations made by the petitioner. The
petitioner claims that withholding of dues is
arbitrary and in violation of his constitutional
rights.
5. A counter affidavit was filed by the
respondent Nos. 2 to 6.
6. It is submitted by the Learned
counsel for the respondents that the petitioner
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failed to attend on the date of the final joint
measurement. The last date of completion was
31.10.2010
, and it is stated that the petitioner only
appeared for final measurement in July 2011, after
a lapse of nearly nine months. By that time, was
the said work was deleted from the sanctioned
works list (commonly referred to as the Railway
"Pink Book") i.e. end of financial year. It is
contended the delay in completion that was
attributable solely to the petitioner, due to his
casual approach and failure to deploy adequate
manpower and equipment. The date of completion
was extended five times, on request of petitioner.
7. It is further submitted that all other
dues, including the performance guarantee and
security deposit, have been paid to the petitioner
and the respondents are in the process of re-
appropriating the required funds to facilitate
payment of the final bill and have assured that the
amount will be disbursed once such re-
appropriation is complete.
8. Heard the Learned counsel for the
Patna High Court CWJC No.13010 of 2016 dt.14-10-2025
petitioner as well as the Learned counsel
appearing for the respondents and perused the
materials available on record.
9. It is not in dispute that the work in
question has been completed and that the final bill
for Rs.4,63,520.72 has been prepared and
submitted. The only ground taken by the
respondents for non-payment of the said amount is
the delay on the part of the petitioner in witnessing
the final measurement, which allegedly resulted in
deletion of the work from the sanctioned list and
thereby deletion of funds allocated for the said
project. While there may have been lapses on the
part of the petitioner in timely execution and
witnessing of final measurements, the fact remains
that the work in question has been completed to
the satisfaction of the Railways and a final bill has
been drawn. The petitioner cannot be made to
suffer indefinitely due to procedural lapses and
inter-departmental fund management issues of the
respondent authorities.
10. Admittedly, the work was
Patna High Court CWJC No.13010 of 2016 dt.14-10-2025
completed by 31.10.2010. The petitioner waited
for 6 long years to his payment and was continued
to file the present Writ petition. This Court is of the
considered view that the respondents are under a
legal obligation to ensure payment of the said
contractual dues, after necessary re-appropriation
of funds.
11. In view of the foregoing discussion,
the writ petition is allowed. The respondents are
directed to release the outstanding amount of
Rs.4,63,520.72 to the petitioner within a period of
two months from the date of receipt / production of
a copy of this order.
12. With the above observations and
directions, the writ petition is allowed.
13. Interlocutory Application, if any,
shall stands disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 15.10.2025
Transmission Date
