IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6975 of 2005 JAI SHANKAR PRASAD, SON OF NOT KNOWN, RESIDENT OF MOHALLA-SAHAJADPUR, P.S. TOWN P.S., DISTRICT- BHAGALPUR. …..PETITIONER. VERSUS 1. THE STATE OF BIHAR THROUGH THE SECRETARY, BUILDING CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 2. THE SECRETARY, BUILDING CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 3. THE COMMISSIONER, BHAGALPUR DIVISION, BHAGALPUR. 4. THE SUPERINTENDING ENGINEER, BUILDING CIRCLE, BHAGALPUR. 5. THE EXECUTIVE ENGINEER, BUILDING CIRCLE, BHAGALPUR. ….. RESPONDENTS. ----------- For the petitioner : Mr. Ranjan Kumar Jha, Advocate. For the respondents : Mr. Shashi Shekhar Pd. Sinha, Assistant Counsel to G.P.17. -------- 03/ 10.05.2011 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 the admitted dues to the petitioner along with interest for the work completed by the petitioner as per the agreement between the parties. 3. It is quite strange that although about six years have lapsed since filing of this writ petition after serving copies in the office of the Advocate General, but no counter affidavit has been filed till date on behalf of the respondents. 4. Considering the arguments of learned counsel for the parties as well as the materials on record, this writ petition is disposed of with a liberty to the petitioner to approach the - 2 - Superintending Engineer, Building Circle, Bhagalpur (respondent no.4) by way of filing an application raising his entire claim of principal and interest. If such an application is filed by the petitioner before the said authority within fifteen days from today along with a copy of this order, the said authority shall pay all the admitted dues and/ or interest to the petitioner within two months thereafter. However, if any amount or interest is not found admitted and payable, the said authority shall pass a speaking order in accordance with law with respect thereto within two months. The petitioner will be at liberty to challenge the said order before an appropriate forum, if aggrieved. Sunil (S. N. Hussain, J.)