IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8781 of 2011 ASHOK KUMAR GUPTA , AGED ABOUT 58 YEARS SON OF LATE BADRI PRASAD SAH RESIDENT OF VILLAGE- MARIPUR CHAWK, P.S. KAZI MOHAMMADPUR, DISTRICT- MUZAFFARPUR. ……PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE CHIEF ENGINEER, P.W.D. ROAD CONSTRUCTION DEPT, PATNA. 3. THE SUPERINTENDING ENGINEER, NATIONAL HIGHWAY CIRCLE, MUZAFFARPUR. 4. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION NO.2 MUZAFFARPUR. ……RESPONDENTS. ----------- 02. 18.05.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petitioner has been filed by the petitioner for directing the respondents to pay interest incurred on the calculated amount due to delay in payment of work done under Agreement No. 84F2/2000-01 and 89F2/2000-01 whereas the bill amount claimed under the said Agreement i.e. Rs. 1,81,180.00/- has been paid to the petitioner by cheque dated 27.11.2009 but the interest amount is still pending it is lying due with the respondent in spite of repeated representations. 3. It transpires that earlier this writ petitioner had filed C.W.J.C. No. 9788 of 2010 for the same relief regarding payment of interest but the said writ petition was dismissed vide order dated 29.06.2010 and permitting the petitioner to raise his claim before the appropriate authority for payment of interest. However no time limit being granted to the respondents in the said order, they did not pay the - 2 - interest and hence the petitioner filed another case bearing C.W.J.C. No. 16003 of 2010 but the said writ petition was dismissed on 23.09.2010, as the matter had already been decided earlier by order dated 29.06.2010 passed by the High Court in C.W.J.C. No. 9788 of 2010. 4. Learned counsel for the petitioner submits that the matter is still pending before the authority only due to the absence of time limit prescribed in the earlier orders of this Court, although, the matter had been validly raised by the petitioner which has been kept pending for such long time. 5. Considering the aforesaid facts and circumstances of the case as well as the materials on record, this writ petition is dismissed with a liberty to the petitioner to approach before the Executive Enginee, National Highway Division No. 2, Muzaffarpur along with a copy of this order and the said authority shall decide the question of payment of interest by a speaking order within two months from the date of receipt/production of the said order. If any amount of interest is found due and payable the authorities concerned shall immediately pay it to the petitioner. However, if any interest is not found admissible and payable in the said order, petitioner will be at liberty to challenge the same before the appropriate forum, if aggrieved. Devendra/ (S.N.Hussain, J.)