IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9789 of 2008 M/S SURBENDRA KUMAR & CO. THROUGH ITS PARTNER SURBENDRA KUMAR SON OF LATE KRISHNALAL PATHAK, RESIDENT OF MOHALLA CIVIL LINES, P.S. BUXAR TOWN, DISTRICT BUXAR. Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM- SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE ENGINEER-IN-CHIEF ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE CHIEF ENGINEER (SOUTH) ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA. 5. THE SUPERINTENDING ENGINEER, BHOJPUR ROAD CIRCLE ARA, ROAD CONSTRUCTION DIVISION, 6. THE EXECUTIVE ENGINEER, ROAD CONSTRUCTION DIVISION, BUXAR. ----------- 2 22/04/2010 Petitioner has brought on record a communication addressed by the Executive Engineer, Road Construction Division, Buxar addressed to the Engineer-in-Chief, Road Construction Department, Bihar, Patna dated 15.11.2003 contained in annexure-1. By virtue of this communication it is evident that a request was made for release of the fund for payment to the petitioner which has remained due for many a year. Despite such request nothing came to be done. Therefore, the present writ application. No counter affidavit on behalf of the State has been - 2 - filed in the last two years despite the writ application was pending. No adjudication as such seems to be required by this Court in view of the communication contained in annexure-1. This writ application stands disposed of with a direction upon the Engineer-in-Chief, Road Construction Department, Govt. of Bihar, Patna for taking cognizance of letter No. 1094 dated 15.11.2003 (annexure-1). He shall now take steps for release of the fund so that the payment can be made over to the petitioner of the admitted dues within a reasonable time frame. The Court expects the resolution of the dispute within three months from the date of receipt or communication of a copy of this order. AMIN (Ajay Kumar Tripathi, J.)