IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5146 of 2011 KHAGENDRA PRASAD SINGH , SON OF SRI BINDESHWARI PRASAD SINGH, R/O WARD NO.19, PANCHMUKHI HANUMAN MANDIR, P.S. FORBESGANJ, DISTRICT ARARIA, AT PRESENT PARTNER OF BAGMATI CNSTRUCTION COMPANY HAVING ITS OFFICE AT SUBHASH CHOWK, FORBESGANJ, ARARIA………………………………….PETITIONER. Versus 1. THE EAST CENTRAL RAILWAY THROUGH ITS DIVISIONAL MANAGER, SAMASTIPUR. 2. THE DIVISIONAL RAILWAY MANAGER, (ENGINEERING), EAST CENTRAL RAILWAY, SAMASTIPUR. 3. THE SENIOR DIVISIONAL ENGINEER/SPECIAL, EAST CENTRAL RAILWAY, SAMASTIPUR. 4. THE SENIOR DIVISIONAL ENGINEER (COORDINATION), EAST CENTRAL RAILWAY, SAMASTIPUR. 5. THE JUNIOR ENGINEER, EAST CENTRAL RAILWAY,SAMASTIPUR………....RESPONDENTS. ----------- 02/ 01.04.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for directing the respondents to pay outstanding dues of final bill amounting to Rs.31 lacs approximately to the petitioner, who has executed the work order dated 10.02.2009 allotted to the petitioner for restoration of breaches during flood of 2008 between Pratapganj and Lalit Gram together with interest as per market rate or as permissible under the law on account of facts that the said work has been completed to the satisfaction of concerned respondents and the balance amount of final bill required to be paid to the petitioner at the earliest to elevate him from acute financial crisis as non- payment of the same has impeded his commercial activities. - 2 - 3. Considering the facts and circumstances of the case, this writ petition is disposed of with a liberty to the petitioner to move before the Divisional Manager, East Central Railway, Samastipur (respondent no.1). If such an application is filed by the petitioner before the said authority within 15 days from today along with a copy of this order and all relevant papers, the said authority shall decide the same by a speaking order within two months thereafter. If any such amount or interest thereupon is found admitted and payable to the petitioner it should be paid to the petitioner immediately thereafter. However, if any amount or interest thereon is not found payable by the said authority, he must pass a speaking order against which the petitioner will be at liberty to approach the appropriate forum. Harish (S.N. Hussain, J.)