IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19388 of 2011 M/S Kamladitya Construction Pvt. Ltd. Having Registered Office At Suraj Complex, Bartand, Sadar Patel Nagar, Police Station Dhanbad, District Dhanbad, Jharkhand Through Binod Kumar Singh Son Of Krishnadeo Narayan Singh Rresident Of 201 Cooperative Colony, Bokaro Steel City, Bokaro. … Petitioner Versus 1. The State Of Bihar. 2. The Principal Secretary, Water Resources Department, Govt. Of Bihar, Patna. 3. The Engineer-In-Chief, North Water Resources Department, Govt. Of Bihar, New Secretariat, Patna. 4. The Chief Engineer, Water Resources Department At Darbhanga. 5. The Superintending Engineer, Canal Division-I, Water Resources Department, Darbhanga. 6. The Executive Engineer, Western Kosi Canal Division, Keoti, Water Resources Department, Darbhanga. 7. Ajay Kumar Chaudhary Father'S Name Not Known Executive Engineer, Western Kosi Canal Division, Keoti, Water Resources Department, Darbhanga. … Respondents ---------------------- For the Petitioner : M/s Rama Kant Sharma, Sr. Advocate and L. K. Sharma, Advocate. For the State : Mr. Manoj Kumar Sinha, A.C. to G.A. 10 ------------------------------- 02/ 05.12.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging order dated 21.06.2011, by which the Executive Engineer, Western Kosi Canal Division, Keoti, Water Resources Department, Darbhanga (respondent no.6) refused to make payment to petitioner-Company for the work executed pursuant to agreement no. 01SBD.2009-10 dated 30.01.2010 by misinterpreting the taking 2 over of Kamla Construction Company by petitioner-Company, namely, M/s Kamladitya Construction Pvt. Ltd. although he should have treated the taking over as conversion, which had been approved by the Government vide order dated 22.02.2011 (Annexure 4) and the Registrar of the Companies vide order dated 21.08.2010 (Annexure 3) and in that process he withheld huge amount of petitioner-Company, which is lying with respondent- authority after execution of the work in pursuance of the agreement. He further submits that such an illegal action of the concerned Executive Engineer, apart from being illegal and perverse, smacks of ulterior motive also. 3. In the aforesaid facts and circumstances, when the role of the Executive Engineer is itself in a deep shadow, specially in view of the orders of the Government and the Registrar of Companies, this Court finds it just and proper that the matter be considered and decided by the Superintending Engineer, Canal Division-I, Water Resources Department, Darbhanga (respondent no.5) . The petitioner must approach the said Superintending Engineer within fifteen days from today by filing an application along with a copy of this order, whereafter all the records may be called for from the Executive Engineer, Western Kosi Canal Division, Keoti, Water Resources Department, Darbhanga, and the matter shall be decided afresh on the basis of relevant documents only . The said matter must be decided by the Superintending Engineer (respondent no.5) by a speaking order within ten weeks thereafter and if any amount is found to be payable to the petitioner, 3 the same should be immediately paid to it. 4. With the aforesaid observation and direction, this writ petition is disposed of. MPS/ ( S. N. Hussain, J.)