IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18033 of 2008 CHANDRADIP SINGH SON OF LATE BUDDHU SINGH, RESIDENT OF VILLAGE DHANAO, P.S. NASRIGANJ, DISTRICT ROHTAS. Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER, PUBLIC WORKS DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 3. THE ENGINEER IN CHIEF PUBLIC WORKS DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 4. THE SUPERINTENDING ENGINEER, BHOJPUR ROAD, CIRCLE, ARRAH, PUBLIC WORKS KDEPARTMENT, ARRAH. 5. THE EXECUTIVE ENGINEER, P.W.D. WORKS DIVISION, DEHRI ON SONE, ROHTAS. ----------- 2/ 10.05.2010 Writ application was filed by the petitioner way back on 11.12.2008. Prayer made therein was that the respondent-authorities, specially respondent no.4, has failed to pay a sum of Rs.66280/- for the work done by him in the district of Rohtas in construction and strengthening of a road which is known as Nasiriganj Bypass. The other work of the petitioner relates to the year 1997-98 but for the lack of funds and allocation the said payment could not be made. This fact stands corroborated vide letter No.797 dated 18.05.2007 addressed by the then Executive Engineer, Dehri-on-son. There is categorical assertion therein that a sum of Rs. 66,280/- is outstanding for payment but the same has not been done due to lack of allocation of funds. The stand of the petitioner in the writ application is not denied or disputed in the last two years. - 2 - Counsel for the respondents wants time now to file counter affidavit after so many years. This Court is not inclined to allow. Looking at authenticity of the communication, as contained in Annexure-1, the writ application is disposed of with a direction upon the Superintending Engineer, Bhojpur Road Circle, Ara of the Public Works Department that he shall take steps for payment of this amount to the petitioner, if necessary by getting the funds sanctioned by the higher authority within a period of three months from the date of receipt/ production of a copy of this order, if the payment is not done in the meanwhile. ( Ajay Kumar Tripathi, J ) BTiwary/