IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17124 of 2009 M/S VAISHNAVI BUILDTECH PVT.LT Versus THE STATE OF BIHAR & ORS ----------- 2 8.12.2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner wants a direction upon the respondents for payment of contractual amount for the work done by him which was actually related to repairing of pot holes and patch work carried out between 210 K.M. to 211 K.M. of National Highway No. 31 in the year 2008-09. The allotment of the work and the completion of the same by the petitioner are not in dispute. The only reason why the present writ application has been filed is that the respondents are not releasing the fund for payment. Petitioner has brought a letter no. 1046 dated 20.7.2009 which is written by Executive Engineer, National Highway, Eastern Division, Patna to the Superintending Engineer. This letter categorically certifies that the reason for non-payment of contractual amount to the petitioner is due to non-availability of allocation of fund in question. This Court fails to understand as to why and under what circumstance the contract was awarded and the work was allotted to the petitioner without there being any allocation of fund and money in this head. If the work was of such an emergent nature then the respondents ought to have taken emergent steps for allocation of adequate fund to meet the obligation in question. - 2 - Non-allocation or non-availability of the fund can never be a ground for withholding payment of the petitioner. If the petitioner has completed the work allotted to him well within time then the respondents are duty bound to make provision of fund and release it so that the dues of the petitioner may be cleared. This writ application is disposed of with a direction upon Superintending Engineer, National Highway Work Division, Patna, respondent no.3, to take steps, whatever is required to be taken, even by approaching the higher authority and ensure the availability and allocation of fund for payment to the petitioner within a period of three months from the date of communication or production of a copy of this order. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)