IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19564 of 2011 Santosh Kumar, Son Of Sri Rameshwar Prasad, Resident Of Mohalla:- Quamruddinganj, P.O. Bihar Sharif, P.S.- Laheri, Muradpur, District - Nalanda, Pin- 803 101, State – Bihar……………….Petitioner. Versus 1. The State Of Bihar 2. The Principal Secretary, Water Resources Department, " Sinchai Bhawan", Bihar, Patna-1 3. The Engineer-In-Chief(Middle), Water Resources Department, "Sinchai Bhawan", Bihar, Patna-1 4. The Chief Engineer, Water Resources Department, " Sinchai Bhawan", Bihar, Patna-1 5. The Superintending Engineer, Water Resources Department, Water Ways Circle, Bihar Sharif (Nalanda) 6. The Executive Engineer, Water Ways Division, Bihar Sharif (Nalanda)………………………………………..Respondents. ---------------------------------- 02/ 14.11.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs:- (i) For commanding and directing the concerned respondent to refund the entire Security Deposit amount (deposited & deducted from running bills) i.e. Rs.5,40,000.00 (Rupees Five Lakh Forty Thousand) only to the petitioner immediately, relates to work namely “Raising and strengthening work of Jamindari Bandh at village Noor Nagar under Harnaut Block, District- Nalanda, bearing Ag No.23 F2 2007-08”, because said work has been completed since long back and defect liability period has also been expired. So under Clause 16 of the agreement the petitioner would be entitled for refund the same. (ii) For further directing the concerned respondent to pay a sum of Rs.1,22,919.00 relates to bill amount along with interest @ 18% per annum to the petitioner upon the aforesaid amount, from its due dates and till its realization, because admittedly the said work done amount is still pending for - 2 - payment to the petitioner. (iii) For pass such an order or orders for which the petitioner is entitled under the law in the facts and circumstances of this instant case. 3. Although learned counsel for the respondents vehemently opposes the contentions of learned counsel for the petitioner, but in view of the facts of the case, this writ petition is disposed of with a liberty to the petitioner to approach the Executive Engineer, Water Ways Division, Nalanda (respondent no.6) by way of filing an application giving the details of the security amount and interest as claimed by him. If such an application is filed within fifteen days from today along with a copy of this order, the said authority shall consider the same in accordance with law and shall decide it by a speaking order within three months thereafter. If any amount or interest is found admitted and payable, it should be paid to the petitioner immediately thereafter. However, if any amount or interest is not found admitted and payable in the said order, the petitioner will be at liberty to challenge the same before an appropriate forum. Harish (S.N.Hussain, J.)