IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8598 of 2009 SURESH KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2 25.7.2009 The petitioner was awarded contract for construction of Majhauli-Katra Road in the year 2004-05 vide Agreement No.9F2 of 2004-05 for a total consideration amount of Rs.15,11,198/-. The petitioner completed the work within the scheduled time of one month and the Junior Engineer and the Assistant Engineer measured the work and found the same to be in order. The petitioner submitted his bill to the tune of Rs.15,08,301/- which was verified and passed by the Executive Engineer, R.C.D. Division no.1, Muzaffarpur on 16.3.2005. Thereafter the petitioner was paid Rs.2,50,000/- only, as only Rs.5 lacs was available in the fund which was to be distributed between the two contractors. The Executive Engineer by his letter no.1000 dated 12.6.2008 wrote a letter to the Secretary of the Engineeer-in-Chief, Road Construction Department, Patna for allotment of funds. A request reminder was also sent by the Executive Engineer vide Annexure-5. Learned State counsel submits that the bill of the petitioner has to be verified. After hearing counsel for the parties, this court observed that if the petitioner files a representation before the Engineer-in- Chief cum Addl. Commissioner, Department of Road Construction, Government of Bihar, Patna, respondent no.4, he will dispose of the 2 KHAN representation of the petitioner preferably within two months from the date of receipt of the same. It is hoped and expected that the respondent authorities would pay the admitted dues of the petitioner as the work was completed in the year 2004-05. In case there is paucity of fund, the respondent no.4 would take appropriate steps for releasing the funds. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)