IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5385 of 2009 M/S B.PRASAD & COMPANY THROUGH ITS PARTNER SRI BISHESHWAR PRASAD SON OF LATE KHEMLAL SAH, RESIDENT OF P & T COLONY, HARNICHAK, ANISABAD, P.S. PHULWARISHARIF, DISTRICT PATNA.. Versus 1. PATNA MUNICIPAL CORPORATION , MOURYA LOK COMPLEX, PATNA THROUGH THE MUNICIPAL COMMISSIONER, PATNA-1. 2. MUNICIPAL COMMISSIONER, PATNA MUNICIPAL CORPORATION, MOURYA LOK COMPLEX, PATNA. 3. CHIEF ENGINEER, PATNA MUNICIPAL CORPORATION, MOURYA LOK COMPLEX, PATNA. 4. THE EXECUTIVE EGNINEER, DIVISION E, PATNA MUNICIPAL CORPORATION, MOURYA LOK COMPLEX, PATNA. 5. ASSISTANT ENGINEER, DIVISION-E, PATNA MUNICIPAL CORPORATION, MOURYA LOK COMPLEX, PATNA. 6. JUNIOR ENGINEER DIVISION 1, PATNA MUNICIPAL CORPORATION, MOURYA LOK COMPLEX, PATNA. ----------- 3/ 30-11-2009 Respondent- Patna Municipal Corporation was granted four weeks’ time on 28.04.2009 for filing a comprehensive counter affidavit of the writ application in question which relates to non-payment of bills in respect of the work done by the petitioner for bed clearance Sarpentine Kachcha drain which was given on contract basis. The matter was taken up today ( 30.11.2009). Still there is no counter affidavit on record nor has anybody appeared on behalf of the respondents. In absence of stand of the respondents it is not possible for the Court to decide the matter on the pleadings of the petitioner. In that view of the matter the issue is being relegated to the Chief Municipal Commissioner, Patna - 2 - Municipal Corporation with a direction that he shall take cognizance of the request of the claim made by the petitioner in terms of Annexure-9, dated 11.09.2009 and take a final decision within a period of four months from the date of communication or production of a copy of this order. The claim of the petitioner, if found in order, must be settled by the respondents within the same time frame. If there is serious dispute for any aspect of the matter or amount which the petitioner is entitled to, the respondents shall be obliged to communicate the reason to the petitioner in the time frame. This writ application, accordingly, is disposed with the above direction. ( Ajay Kumar Tripathi, J ) BTiwary/