IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4323 of 2006 Nevilal Rohita Contractor Pvt. Ltd. Company through its Managing Director, Nevilal Rohita, son of late Ram Kishun Rohita, resident of village Beerpur, P.S. Beerpur, District Supaul. … Petitioner Versus 1. The State Of Bihar through the Commissioner-cum-Secretary, Water Resources Department, Sinchai Bhawan, Patna. 2. The Joint Secretary, Water Resources Department, Government of Bihar, Patna. 3. The Engineer-in-Chief (North), Water Resources Department, Sinchai Bhawan, Patna. 4. The Chief Engineer, Water Resources Department, Kunauli at Beerpur, Supaul. 5. The Executive Engineer, Head Works Division, Beerpur, Supaul … Respondents ------------ For the Petitioner : Mr. Shailendra Kr. Singh,Advocate For the State : A.C. to S.C. 19 ----------- 03/ 23.11.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs :- (i) For issuance of an appropriate order/direction or writ in the nature of mandamus for direction to the respondents for issue payment order for final bill pending in favour of the petitioner with statutory interest. (ii) For direction to the respondents for release of the earnest money and initial security deposits of Rs.2,23,500.00 to the petitioner. (iii) For direction to the respondents authority to consider the application for extra work and excess amount claimed by the petitioner for verification of material rate. (iv) For any other relief or reliefs to which the petitioner is found entitled to in the facts and circumstances. 2 3. Considering the averments made by learned counsel for the parties and the materials on record, this writ petition is disposed of with a liberty to the petitioner to approach the Executive Engineer, Head Works Division, Beerpur, Supaul (respondent no.5) along with an application giving details of unpaid dues and interest as according to the respondents cheque for some amount had been issued, but was not paid to the petitioner. If such an application is filed within four weeks from today along with a copy of this order, the said authority shall decide the same by a speaking order within two months thereafter keeping in view the statement made in paragraph no.5 of the counter affidavit and if any amount or interest is found admitted and payable, the same must be paid to the petitioner immediately thereafter. However, if any amount or interest is not found payable and admitted in the said order, the petitioner will be at liberty to challenge the same before an appropriate forum. MPS/ ( S. N. Hussain, J.)