IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7091 of 2008 M/S CLEAN DEEP Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner: Mr. Ram Kumar Jha, Advocate For the PMC: Dr. Poonam Kumar Singh,Advocate ---------- 4 14.5.2010 Heard learned counsel for the parties. Petitioner is supposed to have performed his part of the responsibility in terms of annexure-1 which was an assignment by the respondents Municipal Corporation for carrying out sanitation works in certain wards. Matter relates to the year 2006 According to the petitioner the work has been done satisfactorily but the payment has not been made. In the counter affidavit the stand of the respondent Corporation is that in absence of the petitioner’s performing work satisfactorily the assignment of the contract was taken away in a meeting after complaints were received about the work of the petitioner. In that view of the matter the payments cannot be made on the basis of the claim. Learned counsel for the petitioner thereafter has drawn the attention of the Court to at least two orders which have been passed by the High Court. The cases are CWJC No. 9838 of 2007 relating to Clean India and other relates to case of Help which is CWJC No.9914 of 2007. The dates of orders are 17.4.2008 and 18.3.2008 respectively. In these two cases Municipal Corporation was party in the similar circumstances. This writ application is disposed of with a direction - 2 - upon the Patna Municipal Corporation authority that they shall examine the claim of the petitioner vis-a-vis from records and decide the extent of the work done by the petitioner and the payment he may be entitled to. The respondents are directed to take decision on the claim of the petitioner within a period of three months from the date of production of the order because it is not the case of the respondents that no work was done by the petitioner. Petitioner will be entitled to at least payment of the extent of work depending on the evidence thereto. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)