IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3466 of 2005 M/S KUMAR ELECTRIC,PATNA THROUGH ITS PROPRIETOR, BRAJESH KUMR SON OF SRI JALIM PRASAD YADAV, RESIDENT OF MOHALLA PUNAICHAK, NEAR DEVI ASTHAN, P.S. SHASTRI NAGAR, TOWN/DISTT. PATNA……PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, ENERGY DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE CHIEF ENGINEER, ENERGY DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE SUPERINTENDING ENGINEER, ELECTRIC WORKS CIRCLE, PATNA. 5. ELECTRICAL EXECUTIVE ENGINEER, ELECTRIC WORKS DIVISION, BHAGALPUR, COMBINED BUILDING, BHAGALPUR………RESPONDENTS. For the petitioner :Mr. Amitesh Kumar, Advocate. For the State :Mr. Manoj Kumar Jha, AC to G.A.-1 ----------- 03/ 15.03.2011 Heard learned counsel for the petitioner and learned counsel for the respondents-State of Bihar and its authorities. 2. This writ petition has been filed by the petitioner for a direction to the respondents to pay Rs.1,13,006.00 to the petitioner for the works done by him with respect to special repairing of Electric Wire of 3rd Grade Staff Quarters of Civil Court, Dhanbad in the year 2000 and also for other ancillary reliefs. 3. From the facts and circumstances of this case, it is quite apparent that the petitioner seeks payment of contractual dues, but whether the said dues are admitted or not cannot be decided by this court. Hence, it is desirable that the claim of the petitioner should be decided by the respondents authorities themselves. - 2 - 4. Accordingly, this writ petition is disposed of with a liberty to the petitioner to raise his claim before the Chief Engineer, Energy Department, Government of Bihar (respondent no. 3). If such representation is filed by the petitioner within two weeks from today, the said authority shall examine the claim of the petitioner and decide the same by a speaking order in accordance with law within two months thereafter. If the claim of the petitioner is found to be true, the said authority shall make payment of the entire admitted dues to the petitioner within two months thereafter. However, if the claim of the petitioner is rejected by the said authority either wholly or partly, the said authority shall pass a speaking order within the above mentioned time which the petitioner may challenge before the appropriate Forum. Harish (S.N. Hussain, J.)