IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12495 of 2010 ----------- 1. M/s Akhileshwar Builders Pvt. Ltd., Nawadih Road, Aurangabad, Bihar, through Amitabh Singh, Managing Director of M/s Akhileshwar Buildings Pvt. Ltd. 2. Amitabh Singh, son of late Akhileshwar Prasad Singh, Nawadih Road, Ganj Mohalla, Aurangabad at present Managing Director, M/s Akhileshwar Builders Pvt. Ltd. …. Petitioners Versus 1. The State of Bihar 2. The Chief Engineer, Water Resources Department, Aurangabad, Bihar 3. The Superintending Engineer, Uttar Koyal Nahar Anchal, Gaya 4. The Executive Engineer, Uttar Koyal Nahar Pramandal, Madanpur Shivir, Aurangabad. … Respondents ------ For the Petitioners : Mr. Rajendra Prasad Singh, Sr. Advocate For the Respondents: Mr. Chandra Shekhar Singh, A.C. to G.P. 16 ------ 08/ 07.04.2011 Mr. Ghuran Sada, Superintending Engineer, North Sone Canal Circle, Gaya is personally present in court and he tenders his unqualified apologies for sending a letter addressed to a Judge of this Court informing that he had rejected the claim of the petitioner and had passed an order complying the directions given by that court. Learned counsel for the aforesaid Ghuran Sada, who is respondent no.3, submits that it is his first bona fide mistake and hence he may be pardoned. Considering the facts and circumstances of this case, the explanation given by learned counsel for respondent no.3 is accepted but with a warning to respondent no.3 Ghuran Sada to be vigilant in future so that no such mistake is committed again. 2 2. Heard learned counsel for the petitioners and learned counsel for the State and its authorities. 3. This writ petition has been filed by the petitioners challenging order dated 10.03.2010, by which the Superintending Engineer, Uttar Koyal Nahar Anchal, Gaya (respondent no.3) rejected the claim of the petitioners after the matter was sent to the said respondent no.3 vide order dated 30.10.2009 passed by a Bench of this Court in C.W.J.C. No. 14219 of 2009. 4. Learned counsel for the petitioners submits that on 30.07.2007 the contract was awarded to the petitioners for construction of SIR bridge at RD 14.06 and C.D. work at R.D. 15.70 of Kotwara distributory, but despite works having been completed, final payment has not been made to them by the authorities concerned, specially the Executive Engineer (respondent no.4) without any apparent rhyme and reason. 5. In the said circumstances, the petitioners approached this Court vide C.W.J.C. No. 14219 of 2009, which was disposed of by order dated 30.10.2009, in which it was found that such an issue was to be decided by the concerned authorities and hence a direction was given to the Superintending Engineer (respondent no.3) to take a final decision on the issue preferably within a period of three months from the date of communication or production of a copy of the said order. A copy of the said order was produced by the petitioners before the Superintending Engineer (respondent no.3) and their claim was rejected by the said authority 3 by impugned order dated 10.03.2010. 6. From a plain reading of the said impugned order, it is apparent that the said Superintending Engineer (respondent no.3) has not even understood the basis of the petitioners’ claim and the import of the order of this Court and had passed an absolutely frivolous order and that too in the form of a letter addressed to the Hon’ble Judge, who had passed the aforesaid order dated 30.10.2009. 7. The said Superintending Engineer (respondent no.3) , namely, Ghuran Sada appeared in court today and from his appearance and utterances it has appeared that he is not capable of understanding the intricacies of the matter and the implications of the order of this Court. He does not even know how a matter can be decided or an order can be passed nor he has the understanding that no order/letter can be issued addressing a Court or a Judge. 8. In the said circumstances, this Court has no option left but to quash the aforesaid order/letter dated 10.03.2010 (Annexure 14) issued/passed by the abovementioned Superintending Engineer (respondent no.3). Accordingly, the said order/letter is hereby quashed and this writ petition is disposed of with a direction to the Chief Engineer, Water Resources Department, Aurangabad, Bihar (respondent no.2) to look into the matter and take a final decision on the issues involved by passing a speaking order in accordance with law expeditiously preferably within a period of three months from the date of communication or 4 production of a copy of this order, which the petitioners undertake to do within two weeks. The said respondent shall see that all dues, found to be admittedly payable with interest, must be paid to the petitioners immediately after the said order. However, if any amount or interest is not found admittedly payable in the said order, the petitioners will have liberty to approach the appropriate forum against the same. MPS/ ( S. N. Hussain, J. )