IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8961 of 2005 NAROTTAM PRASAD SINGH, son of Ambika Prasad Singh, resident of Mohalla – Belan Bazar, P S – Kotwali, District – Munger. Versus 1. THE STATE OF BIHAR. 2. The Secretary, Building Construction Department, Government of Bihar, Bishweshwaraiya Bhawan, Bailey Road, Patna. 3. The Engineer-in-chief, Building Construction Department, Government of Bihar, Bishweshwaraiya Bhawan, Bailey Road, Patna. 4. The Chief Engineer, Building Construction Department, Bhagalpur. 5. The Superintending Engineer, Building Construction and Housing Department, Building Circle, Bhagalpur. 6. The Executive Engineer, Building Division, Munger. 7. The Estimating Officer, Building Division, Munger. 8. The Sub Divisional Officer, Building Division, Munger. ----------- 05. 15.4.2010 Petitioner is seeking a direction upon the respondent authorities to pay a sum of Rs.77,769/- for the work carried out by him on the basis of an agreement. The work in question was for repairing of the house of Jail Superintendent at Munger in the year 2003-04. Submission of the counsel for the petitioner is that after completion of work the payment of the bills has not been made for extraneous reason. The stand of the respondents is that the so-called work was assigned by one Sri Radhe Baitha, the erstwhile Executive Engineer. Large scale irregularities were found against him during the period he was posted at Munger. This case is one of the cases which arises during the tenure of his posting and for his act of omission and commission respondents have imposed major penalty on the recommendation of the Lokayukta. Some 2 other action is going on against the respondent concerned. The respondents have denied any liability for payment of the dues of the petitioner in the light of above stated facts. Looking into the nature of the dispute and the controversy which has been raised and the so-called assignment of the work by the Executive Engineer, the Court is not inclined to pass any odder for payment as it is not a case of admitted dues. The writ application is dismissed. If the petitioner has other remedy, he may pursue the same. rkp ( Ajay Kumar Tripathi, J )