IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9596 of 2005 M/S Penguin Construction Haribatika Chowk Bettiah, West Champaran, through its Pro. Rangnath Sharma, son of Late Jagannath Rai Sharma, resident of Haribatika Road Bettia, P.S.- Haribatika Muaffasil, District- Bettia (West Champaran). …….. Petitioner. Versus 1. The State of Bihar. 2. The Secretary, Department of Minor Irrigation, Government of Bihar, Patna. 3. The Pariyojna Co-ordinator Tube Well Division, Bisheshwaraiya Bhawan, Government of Bihar, Patna. 4. The Chief Engineer, Tube Well Division, Muzaffarpur P.S. and District-Muzaffarpur. 5. The Superintending Engineer (Tube well) Circle Muzaffarpur, District-Muzaffarpur. 6. The Executive Engineer, Tubewell Pramandal Bettiah, P.S.-Bettiah, District-Bettiah (West Champaran). 7. The District Magistrate, Bettiah (West Champaran) …… Respondents. ----------- For the petitioner : Mr. Mahendra Pd. Gupta, Advocate. For the respondents : Mr. Shashi Shekhar Pd. Sinha, A.C to G.P. 17. -------- 04/ 01.08.2011 Heard learned counsel for the petitioner and learned counsel for the State. This writ petition has been filed by the petitioner for the following reliefs: (i) Mandamus directing the respondents to pay the petitioner entire admitted dues amounting to Rs.3,30,354.00 (Annexure-4/1) and Rs.70,000.00 (Annexure-5) totalling Rs.4,00,354.00 for the works completed by the petitioner in pursuance of contracts and agreement effected between the petitioner and respondents for the works for the schemes under World Bank Paroyojna in the years 1992-93 to 1995-96 with interest. (ii) Any other appropriate writ or direction be issued which may be applicable in the facts and circumstances of the case. Considering the averments made by learned counsel for - 2 - the parties and the materials on record, this writ petition is disposed of with a liberty to the petitioner to file an application before the Superintending Engineer (Tube well) Circle Muzaffarpur, District-Muzaffarpur (respondent no.5) giving details of the dues claimed by him and the points taken in the instant writ petition along with a copy of this order. If such an application is filed by the petitioner within fifteen days from today before the said authority, the said authority shall decide the same in accordance with law by a speaking order within two months thereafter and shall pay all the admitted and payable dues to the petitioner immediately thereafter. If any amount or interest thereon is not found to be admitted and payable in the said order, the petitioner will be at liberty to challenge the same before an appropriate forum. Sunil (S. N. Hussain, J.)