IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10139 of 2007 M/S GHANSHYAM LAL Versus THE STATE OF BIHAR & ORS ----------- 5 27.11.2008 This case clearly discloses why the citizen have to suffer bad road in this State. The petitioner was required to execute some works for immediate restoration of traffic along with the National High Way -31. The petitioner pursuant to tender was selected and the works were entrusted to him. He completed the work. While doing the work there was certain deviation that was ordered to be done, which was also done but the work having been completed, the contract- misery began .He kept running for payment. State has no fund to pay. This is evident from the letter of Superintending Engineer to the Chief Engineer whereby he makes specific request for fund to be made available to pay the petitioner. When that also did not materialize , the petitioner filed the writ petition. A counter affidavit is said to have been filed in this writ petition, which is not on record but the learned State counsel has made available a copy thereof to the Court. State in the counter affidavit merely states that the claim of the petitioner has been referred to the Liability Committee to examine the matter and a positive direction would be issued. A supplementary affidavit has been filed by the petitioner that , in fact, the Liability Committee examined the matter - 2 - and the claim of the petitioner and by their order dated 7.5.2008 they have accepted the claim of the petitioner to the extent of Rs. 38,65,737/- and as such recommended for its payment. The order of the Liability Committee is annexed to the supplementary affidavit and marked as Annexure 10 .Though this recommendation was made in the month of May, 2008 , again the wheel stopped moving probably waiting for some further force to be applied. Payments have yet to be made to the petitioner. In my view,as the Liability Committee to whom the matter was referred by the government and which consisted of the Chief Engineer, Secretary Estimate, Superintending Engineer and the Executive Engineer and the same having been accepted, this Court has no option but to direct that within one month from today, the payments must be made to the petitioner, failing which payment would be made to the petitioner along with the interest at the rate of 12% from the date payment is due. I may only point out that it is primarily of this arbitrary action of with-holding payment that contractor also resort to unethical means while doing their work, which ultimately affects every citizen of the State. Let a direction be issued to the respondent- Chief Engineer, National Highway Division ,Bihar,Patna, accordingly. The writ petition is accordingly allowed. singh (Navaniti Prasad Singh)