IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5023 of 2008 ASHOK PRASAD SINGH Versus THE STATE OF BIHAR & ORS with CWJC No.5149 of 2008 RAJ KISHORE CHOUDHARY Versus THE STATE OF BIHAR & ORS ----------- 3 18.5.2010 The predicament of the two petitioners are their own creation. The award of work to them by the Bihar State Construction Corporation was linked with certain conditions. One of the conditions in the agreement, as would be evident from ananexure-1 is that the payments to the petitioners would be made only on receipt of the release of fund by the State Government. Some payments have come to be made to the petitioners but still there are some amount which is being claimed by them. Stand of the Construction Corporation is that they shall make payments to the petitioners provided the State Government releases those funds in favour of the Construction Corporation. So far so good but the problem lies elsewhere. The stand of the State is that based on the actual measurement conducted by the Engineering Department State Government has made payments to the Construction Corporation. They are not obliged to make payments on mere asking on a claim not supported by measurement book or endorsement made thereto. Another aspect which has emerged is that the dispute was referred to arbitrator and the award was made which is a subject matter of challenge by the State Government before the - 2 - Court. In other words the payment of the petitioners, if any, is stuck in the litigation between the State authority and the Construction Corporation. If that is the position on the ground then obviously no case for admitted dues is made out and no order can be passed at this stage for payment to the petitioners. Petitioners will have to wait the outcome of the battle between the two organs and instrumentality of the State or seek common law remedy whichever may be advised. Both the writ applications are dismissed with the above liberty. RPS (Ajay Kumar Tripathi,J.)