IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11110 of 2007 M/S THE EVEREST CONSTRUCTION COMPANY, OFFICE SITUATED AT MOHALLA ADARSH NAGAR NAKCHED TOLA, HENARY BAZAR, P.S. MOTIHARI TOWN DISTRICT EAST CHAMPRAN THROUGH ITS MANAGING PARTNER MADHO PRASAD JAISWAL SON OF LATE SHEO DENI CHOUDHARY, RESIDENT OF MOHALLA ADARSH NAGAR, NAKCHED TOLA, P.S. MOTIHARI TOWN DISTRICT EAST CHAMPARAN. Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-SECRETARY, ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 3. ENGINEER-IN-KCHIEF-CUM-ADDITI8ONAL COMMISSIONER-CUM-SPECIAL SECRETARY ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 4. CHIEF ENGINEER, NORTH BIHAR CIRCLE, ROAD CONSTRUCTION DEPARTMENT, DARBHANGA. 5. SUPERINTENDING ENGINEER, NORTH BIHAR CIRCLE ROAD CONSTRUCTION DEPARTMENT, MUZAFFARPUR. 6. EXECUTIVE ENGINEER ROAD CONSTRUCTION DEPARTMENT, ROAD DIVISION, RAM NAGAR, DISTRICT WEST CHAMPARAN. 7. SUB-DIVISIONAL OFFICER, ROAD CONSTRUCTION DEPARTMENT ROAD DIVISION, RAM NAGAR, DISTRICT WEST CHAMPARAN. ----------- 3 23/03/2010 This writ application was filed by the petitioner for payment of contractual dues quantified at Rs.6,75,400/- as no payment seems to have been made after completion of the work. Learned counsel for the State was directed to file counter affidavit on the claim of the petitioner and state the - 2 - position. Counter affidavit has now been filed and the accepted position is that the claim of the petitioner was referred to the departmental liability committee and the committee has recommended payment which is reflected from the communication contained in Annexure-A to the counter affidavit. Since the claim of the petitioner has already been accepted, this writ application is disposed of with a direction to the respondents concerned that this payment ought to be made to the petitioner at the earliest preferably within a period of eight weeks from the date of production or communication of a copy of this order. AMIN (Ajay Kumar Tripathi, J.)