IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11064 of 2009 M/S MAGADH CONSTRUCTION WORKS Versus THE STATE OF BIHAR & ORS For the petitioner:Mr.L.K.Sharma,Advocate. For the respondents:Mr.P.K.Verma, A.A.G.XI. 3 7.9.2009 Heard the learned counsel for the parties. The petitioner is aggrieved by Letter No.536 dated 22.5.2009 issued by Executive Engineer, R.C.D., Road Division No.1, Jehanabad, respondent no.6, whereby he imposed penalty of ½ % of the estimated value of the work on the ground of non-completion of the work as stipulated in the agreement. He refers to Annexure-5 to show that one year elapsed in getting only sanction for the revised estimate. He submits that even the Superintending Engineer by his letter dated 18.7.2009 has recommended for extension of time as pleaded by the petitioner. Learned counsel for the respondents submits that in view of the revised estimate time was already extended to 30.11.2009 but petitioner sought for further extension up to 31.1.2010. After hearing the learned counsel for the parties, this Court observes that if the petitioner files a representation before respondent no.3 for condonation of the fine he will dispose of his representation by a reasoned order within a period of four weeks from the date of receipt/production of a copy of this order. However, any recovery would be subject to the decision of the Engineer-in-Chief. This writ application is disposed of with the aforesaid - 2 - observation. Anilkr.sina (Samarendra Pratap Singh,J.)