IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 10939 of 2008 Ranjeet Kumar Singh, son of Sri Bisheshwar Singh, Resident of Village - Babhani, P O - Babhani, P S - Gamharia, Dist - Madhepura - Petitioner Versus 1 The State of Bihar 2 The Principal Secretary, Rural Works Department, Vishweshwarraiya Bhawan, Bailey Road, Patna 3 The Engineer-in-Chief -cum- Additional Commissioner -cum- Special Secretary, Rural Works Department, Vishweshwarriaya Bhawan, Bailey Road, Patna 4 The Chief Engineer-2, Rural Works Department, Vishweshwarraiya Bhawan, Bailey Road, Patna 5 The Superintending Engineer, Rural Works Department, Works Circle, Saharsa 6 The Executive Engineer, Rural Works Department, Works Division, Supaul - Respondents *** 3 06.03.2009 The writ petition having been filed on 24.07.2008 and inspite of the fact that it was adjourned for instructions on 06.02.2009 noticing the facts in controversy, inspite of reminders being sent by the learned State Counsel, no instructions have been received. In that view of the matter, I have no option but to dispose of the writ petition on basis of the pleadings as available on record. The petitioner had undertaken maintenance and repairs of NH 57 Part for which an agreement had been entered into being Agreement No 9F2 of 2004-2005 which was signed by the respondent-Executive Engineer, Rural Works Department, Works Division, Supaul. The work having been completed and part payment having been made, for the balance amount of Rs 2,17,641/-, payment could not be made because of lack of allotment of funds. On petitioner’s pressing for payment, the matter was referred to the Liability’s Committee who examined the matter in detail and submitted their report recommending payment and 2 requesting for allocation of fund of the said amount. This report of the Liability’s Committee is of February, 2007. The Liability’s Committee, inter alia, consisted of a common request by the Superintending Engineer, the Executive Engineer, the Technical Advisor and others and is Annexure-3 to the writ petition. This was followed by a common request by the Superintending Engineer to the Chief Engineer-2 at Patna for allocation of funds in that regard. Thus, it is clear that the only reason why payment is being delayed is because the authorities have had no time for making allocation of funds for discharge of State’s liability. That per se is arbitrary. In that view of the matter, I am left with no option but to direct the Chief Engineer-2, Rural Works Department, Vishweshwaraiya Bhawan, Bailey Road, Patna (respondent No 4) to ensure payments to the petitioner within this financial year. If the same is not made within this financial year, the same would be payable alongwith interest at the rate of 9% from the time it was due to the time it is paid and the amount of interest would ultimately be recovered from the officer concerned who will be responsible for the delay. With these observations and directions, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)