IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13519 of 2005 Sita Ram Singh son of Late Bhagwat Singh, resident of village Rampur Dumra, P.S. Maranchi, District Patna……………………………….……………………Petitioner. Versus 1. The State of Bihar 2. The Secretary, Road Construction Department, Government of Bihar, Old Secretariate, Patna. 3. Additional Commissioner-cum-Special Secretary, Road Construction Department, Government of Bihar, Patna. 4. The Chief Engineer, Road Construction Department South Bihar, Patna. 5. The Superintending Engineer, Central Circle, Road Construction Department, Patna. 6. The Executive Engineer, Road Construction Department, Gulzarbagh, Patna City, Patna. 7. The Assistant Engineer, Road Construction Department, Sarmara Road Sub-Division, Mokama, Patna. 8. The Junior Engineer, Road Construction Department, Sarmara Road Sub-Division, Mokama District Patna…………….Respondents. For the petitioner : Mr. Rajesh Kumar, Advocate. For the respondents :Ms. Namrata Mishra, GP-17 ---------------------------------- 03/ 30.08.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging order dated 12.05.1999 (Annexure-1) passed by Superintending Engineer-cum Special Secretary, Road Construction Department, Government of Bihar and also challenging order dated 30.06.1999 (Annexure-2) passed by the Chief Engineer by which they rejected the claim of the petitioner with respect to the contractual dues for the work executed by the petitioner as per the different agreements. 3. Learned counsel for the petitioner has relied upon a letter of Executive Engineer dated 22.07.1995 (Annexure-4) sent to the Superintending Engineer requiring fund to make payment of the dues to - 2 - the petitioner. 4. It transpires that when the amount claimed by the petitioner was not paid, he filed C.W.J.C. No.8061 of 1996 which was disposed of by a Bench of this court vide order dated 25.06.1997 (Annexure-5) with a direction to the Chief Engineer, Road Construction Department, Government of Bihar to ensure that the petitioner’s claims were duly scrutinized and examined by the Liability Committee so that payment of all the admitted dues lawfully payable to the petitioner were made within four months from the date of receipt/production of a copy of that order. 5. It further transpires that petitioner filed M.J.C. No.2976 of 1998 for initiation of proceeding of contempt against the Chief Engineer for violating the said order, but the said M.J.C. case was disposed of by a Bench of this court vide order dated 20.05.1999 (Annexure-6) with a direction to Engineer-in-Chief, Road Construction Department to decide the claim/liability in terms of Court’s order within a period of one month and admitted dues, if any, must be paid within a period of 15 days thereafter. 6. It also transpires from the record that in the meantime, the Chief Engineer decided the matter by a detailed order dated 10.02.1999 (Annexure-8) considering all the points raised by the petitioner. In furtherance thereof the impugned orders dated 12.05.1999 (Annexure-1) and 30.06.1999 (Annexure-2) were passed by the authorities. 7. Thereafter, strangely enough again a petition for contempt bearing M.J.C. No.3751 of 2000 was filed by the petitioner - 3 - which was disposed of by a Bench of this court vide order dated 23.10.2003 (Annexure-7) with a liberty to the petitioner to move the appropriate authority/forum for redressal of his grievance against the order of Engineer-in-Chief attached to the show cause. 8. Now after six years of orders of 1999 (Annexure-8, 1 & 2) passed by the authorities concerned and after about two years of order of 2003 (Annexure-7) passed in M.J.C. No.3751 of 2000 the instant writ petition was filed on 24.10.2005 claiming that no opportunity was given to the petitioner to place his case before passing the said orders, which is proved to be a frivolous plea of the petitioner. 9. Since order dated 10.02.1999 (Annexure-8) had been passed by the authority concerned in compliance of order of this court passed in C.W.J.C. No.8061 of 1996 and also after considering the respective claims of the parties, there was no occasion for again hearing the petitioner before passing the impugned orders dated 12.05.1999 and 30.06.1999 which were only the follow up orders, specially when the said order dated 10.02.1999 was not challenged. 10. It is also apparent that the petitioner did not utilize the liberty given to him by a Bench of this court vide order dated 23.10.2003 passed in M.J.C. No.3751 of 2000 as he did not move the appropriate authority/forum for redressal of his grievance against the order of Engineer-in-Chief dated 10.02.1999 (Annexure-8). 11. In the aforesaid facts and circumstances of the case, this court does not find any merit in this writ petition, which is accordingly dismissed. Harish (S.N.Hussain, J.)