IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6603 of 2007 M/S Kumar Saheb Construction through its proprietor namely Shailendra Singh S/O-Guru Prasad Singh, resident of village-Dundo, P.O.-Dundo, P.S.+District-Jamui. ……..Petitioner Versus 1. The State Of Bihar through the Secretary, Building Construction Department, Government of Bihar, Patna. 2. The Executive Engineer, Building Construction Department, Building Division, Munger. 3. The Assistant Engineer, Building Construction Department, Sub- Divisional Office, Jamui. 4. The Junior Engineer, Building Construction Department, Jamui. 5. The Treasury Officer, Munger. ……..Respondents. ----------- 05. 02.04.2009 Petitioner is a small contractor. In the year 2003, he had done various small works of house repairs, white washing etc of official buildings in what is now the District of Jamui and at that time was a Sub-Division of Munger. As is unfortunate and is usual for this State, the problem starts when payments are to be made. Petitioner was issued a cheque dated 01.10.2005 for Rs. 1,62,365/- which was for part of the work done. When this was presented for payment, it was not honoured by the Treasury and since then the petitioner is being made to run like a Dog from post to post only to secure his legitimate payment. Rest of his payment is yet to be considered. Annexure-3 is the letter of the Executive - 2 - Engineer, Building Division, Munger to the Secretary, Building Division, Government of Bihar, Patna dated 01.02.2005 requesting for allotment of funds for payments of bills as mentioned therein totaling to Rs. 7,91,131/-. Petitioner states that he is concerned with item number 1, 2, 3, 4, 5 and 9 out of which the cheque issued for Rs. 1,62,365/- pertains to item Number 1, 3 and 5. There still remain dues in respect of item Number 2, 4 and 9. What surprises this Court is as to why and how work is permitted to be taken from any contractor without there being adequate allotment of funds to cover the work. How things are happening in this State appears to be that get the work done and think of payment later. The State can not work like this. This is most arbitrary manner in which State conducts itself. No work can be taken unless they are backed up with financial allotments otherwise this will lead to rampant corruption because the contractors have to make up for the loss of their long standing dues and that would be at the cost of quality of work in future. It is regretted that such a small thing is not understood by the authorities. A payment to a petty contractor due in the year 2003 is yet to receive attention of the Government in the year 2009. However, pursuant to notice issued by this Court for initiating contempt proceedings against the Executive - 3 - Engineer, Munger is present. He undertakes to ensure that that balance payments are duly made to the petitioner in accordance with law within a period of three months from today. With regard to cheque already issued of Rs. 1, 62,365/-, the Executive Engineer assures that it has been duly encashed by the petitioner. On these assurances, the writ petition stands disposed of. Shageer (Navaniti Prasad Singh, J)