IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.433 of 2008 M/S GHANSHYAM LAL THROUGH ITS MANAGING PARTNER G.L. MADHOGARIA @ GHANSHYAM LAL MADHOGARIA, SON OF LATE LAXHMI NARAYAN MADHOGARIA, RESIDENT OF SIMRAHI BAZAR, P.O. SIMRAHI BAZAR, P.S. RAGHOPUR, DISTRICT SUPAUL Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRFETARY, OLD SECRETARIATE, PATNA. 2. THE COMMISSIONER CUM PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, VISHESHWARAIYA BHAWAN, BAILEY ROAD, PATNA. 3. THE ENGINEER IN CHIEF, ROAD CONSTRUCTION DEPARTMENT, BAILEY ROAD, PATNA. 4. THE CHIEF ENGINEER, NATIONAL HIGHWAY ROAD CONSTRUCTION DEPARTMENT, BAILEY ROAD, PATNA. 5. THE SUPERINTENDING ENGINEER, NATIONAL HIGHWAY CIRCLE, PURNIA 7. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY, ROAD DIVISION, MADHEPURA. ----------- 2 26/03/2010 Petitioner wants a direction upon the respondents to pay him a sum of Rs.5,42,279/- for the repair work carried out on N.H. 106 k.m. 0 to 9. Submission of the learned counsel for he petitioner is that there is no dispute with regard to the work assigned and work done. Recommendations have been there. The only reason why payment could not be made was because of lack of fund available at the relevant time. In support of such a contention the petitioner has brought on record a - 2 - communication dated 19.01.2006 which is a letter from the Executive Engineer to the Superintending Engineer, National Highway Division, Purnea. There is some indication with regard to the matter having travelled to the Liability Committee for payment. Neither the petitioner is in the know how nor is the State in a position to certify as to what has happened thereafter. No counter affidavit has been filed on behalf of the respondents despite the writ petition having been filed in the year 2008. This writ application is disposed of with a direction that respondent no.3 Engineer-in-Chief, Road Construction Department, Patna shall ensure that if the Liability Committee has come to a decision and made its recommendation, necessary steps shall be taken for payment to the petitioner. If no decision has been reached by the Liability Committee, the same shall be so settled within a period of three months from the date of receipt or communication of a copy of this order. AMIN (Ajay Kumar Tripathi, J.)