IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6417 of 2011 ----------- M/s A. K. Construction through its Proprietor Ashit Kumar, son of Sri Ram Deni Rai, resident of Mohalla Magardahi, Ward no. 29 within Samastipur Municipality, Police Station Samastipur, District Samastipur. …. Petitioner Versus 1. The Indian Railway, Ministry of Rail, Rail Bhawan, through its Secretary. 2. General Manager, East Central Hazipur, District Vaishali 3. Chief Engineer (Co-ordination) East Central Railway Hazipur 4. The Divisional Railway Manager, Samastipur Division, East Central Railway, District Samastipur 5. Senior Divisional Engineer (Co-ordination), Samastipur Division, East Central Railway, Samastipur 6. Senior Divisional Engineer (Special), Samastipur Division, East Central Railway, Samastipur 7. Senior Divisional Engineer (III), Samastipur Division, East Central Railway, Samastipur 8. Senior Divisional Finance Manager, Samastipur Division, East Central Railway, Samastipur 9. Assistant Divisional Engineer, East Central Railway, Saharsa 10. Senior Sectional Engineer (Works) East Central Railway, Saharsa 11. Inspector of Works, East Central Railway, Saharsa ----- For the Petitioner : M/s Y. V. Giri, Sr. Advocate and Choudhary Shyam Nandan, Advocate For the Respondents : None. ----- 02/ 21.04.2011 Heard learned counsel for the petitioner. No one appears for respondent-Railway and its authorities though the name of learned counsel for the respondents is appearing in the daily cause list. 2. This writ petition has been filed by the petitioner for directing respondent-authorities of the East Central Railway, specially its Assistant Divisional Engineer, Senior Sectional Engineer (Works) and Inspector of Works to prepare and submit the final bill in pursuance of measurement made in presence of petitioner or its representative after completion of the work as per Tender Notice No. - 2 - TC/16 of 2008 (SLT) between Budhama-Muraliganj-Restoration of breaches during flood 2008, the works awarded to the petitioner as per agreement no. DRM/TC/415 dated 08.03.2009, the tender amount valued at Rs.2,21,32,427.00 (Item no.1)/SLT and also to direct the Chief Engineer (Co-Ordination), Sr. Divisional Engineer (Co- ordination), Sr. Divisional Engineer (Special), Sr. Divisional Engineer (III) and Sr. Divisional Finance Manager of Samastipur Division for necessary arrangement for payment of admitted dues of tender amount as per final bill to the petitioner and to release the 5% of tender amount i.e. Rs.11,06,621.00 as the performance guarantee amount and also to make a direction to respondent-authorities of Samastipur Division to release the 5% of value of contract amount i.e. Rs.11,06,621.00 which was deducted from the tender value in name of maintenance for work done by the petitioner for one year as per the agreement. 3. It is claimed by learned counsel for the petitioner that the work of Budhana Muraliganj restoration work was to be completed by the petitioner as per departmental direction on or before 31.08.2009, whereas, the work was completed on 12.07.2009 much prior to the time frame and the movement of Rail train was restored in Saharsa-Purnea Section and the maintenance period of one year has already completed. The petitioner has also claimed statutory and penal interest over admitted dues amount till the final realization of the amount to the petitioner as well as for other ancillary reliefs. 4. Learned counsel for the petitioner has also claimed - 3 - that since it has completed the work during the stipulated time, it is fully entitled to the aforesaid reliefs, but inspite of the petitioner’s repeated representations, the same is not being granted to the petitioner nor final bill has been prepared and only after the filing of this writ petition letter dated 18.04.2011 (Annexure 14) has been issued by the Assistant Divisional Manager, East Central Railway, Saharsa (respondent no.9) to the Inspector of Works, East Central Railway, Saharsa (respondent no.11) to enter the measurement of work, which was already completed, into the Measurement Book and produce it before respondent no.11 within seven days so that the final bill is prepared in that regard. 5. Considering the entire facts and circumstances of the case as well as the materials on record, this writ petition is disposed of with a liberty to the petitioner to approach the Senior Divisional Engineer (Co-ordination), Senior Divisional Engineer (Special) and Senior Divisional Engineer (III) of Samastipur Division of East Central Railway within fifteen days from today along with an application raising its claim in detail. If such an application is filed before the said authority by the petitioner within fifteen days from today along with a copy of this order, the said authority shall look into the matter expeditiously and consider the aforesaid claims of the petitioner, including payment of dues, interest, performance guarantee amount and maintenance security amount and pass a speaking order in accordance with law within two months thereafter. All the admitted dues and interest etc. found payable in the said order must be - 4 - immediately thereafter paid to the petitioner. However, if any amount or interest is not found payable in the said order, the petitioner will be at liberty to challenge the said order before an appropriate forum. MPS/ (S.N.Hussain, J.)