IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 6033 of 2009 Swami Dayanand Arya Samaj Welfare Society, Basudeopur, Munger through it President Karuna Nath Sahay, son of late Kedar Nath Sahay, resident of Mohalla – Madhopur, P S : Basudeopur, Dist : Munger -Petitioner Versus 1 The State of Bihar through its Secretary, Urban Development Department, Government of Bihar, Patna 2 The Executive Officer, Munger Nagar Parishad, Munger 3 The Chairman, Munger Nagar Parishad, Munger 4 Executive Engineer, NREP, Munger 5 Assistant Engineer, Building Construction Department, Government of Bihar, Munger 6 Junior Engineer, Munger Nagar Parishad, Munger -Respondents ----------- 2 13.05.2009 The petitioner is an NGO which had been entrusted with certain road and drainage construction work under the Munger Nagar Parishad in different wards. After completion of work, final bills were prepared and payments were made adjusting advance already given. There still remains about Rs 8.79 lacs which the petitioner is not being paid allegedly on account of non-availability of fund. In my view, it would only be appropriate for the petitioner to make a detailed representation to respondent No 2, the Executive Officer, Munger Nagar Parishad in respect of his grievances. The same shall be considered by him and he will pass a speaking order with regard to the liability and communicate the same to the petitioner within one month of the petitioner’s filing a copy of this order before him. In case, as per his order, any payment is due, he shall arrange for payment being made alongwith the order to be served on the petitioner. Petitioner is entitled to raise all his grievances including grievance with regard to deductions beyond the agreement being 10% of contractor’s 2 profit and administrative charges which is also 10% both of which are allegedly not provided for in the agreement or in the work order. If any such deduction is not supported by the agreement or the work order, the Nagar Parishad would be bound to refund the amount so deducted which should also be made alongwith the order and other payments, as indicated above. This disposes of the writ petition. M.E.H./ (Navaniti Prasad Singh)