IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8000 of 2007 Ramadhar Sah, Son of Ramsunder Sah, Resident of village-Mohari, P.O. Kamrauli, P.S. Tariyani, District-Sheohar. …..Petitioner. Versus 1. The State of Bihar. 2. The Collector, Sheohar. 3. The Sub-Divisional Officer, Sheohar. 4. The Engineer-in-Chief, Water Resources Department, Bihar, Patna. 5. The Executvie Engineer, Water Resources Department, Bagmati Division, Circle Sitamarhi. 6. The Joint Engineer, Water Resources Department, Sheohar. ….Respondents. ----------- 03. 20.02.2009 The petitioner is a registered contractor with the Water Resources Department in the newly created Sheohar District which is flood affected area. Because of river Bagmati from time to time flood protection work was carried out in different years for different works. Substantial amount of petitioner is blocked because payments are not being made because of which the writ petition is filed. It is pleaded that in all those cases work verifications had not done, recommendations for payment and approval made but because of lack of allocation of funds payments are not being made. A counter-affidavit has been filed today by the Executive Engineer, Bagmati Division, Sheohar who is respondent no. 5. In the counter-affidavit it is categorically accepted in paragraph 5 that payments could not be made - 2 - even though work was done because of non-availability of allotment. In paragraph 6 it is admitted in the counter- affidavit that in 2004 petitioner had done flood protection work for a total amount of Rs. 47,848/- (Forty Seven Thousand Eight Hundred Forty Eight). As per records available in the measurement book duly signed by Junior Engineer and Assistant Engineer payment was made only of Rs. 15008/- (Fifteen Thousand Eight) in that year based on availability of fund the rest payment could not be made for want of proper approval and availability of fund. In paragraph 7 of the counter-affidavit in respect of work done in the year 2005 again similarly it is stated that total work done is of Rs. 15,691.82 (Fifteen Thousand Six Hundred Ninety One Rupees and Eighty Two Paise) but nothing has been paid for want of approval of fund. In paragraph 8 in respect of the same year, it is again admitted that an amount of Rs. 65,036.89/- is to be paid but is awaiting approval and availability of fund. In paragraph 9 in respect of 2006 it is stated that as per measurement book total amount of work done by petitioner is Rs. 1,05,218/- out of which payment of Rs. 45.094/- has been made the rest is pending for approval - 3 - and availability of fund. It is stated that as per divisional records petitioner having done work of flood fighting in the year 2005-06 under the Bagmati Division, Sheohar is as such liable to be paid Rs. 2,04,516.82/- which comes after result of verification at divisional level. For payment of the said amount Government has requisitioned in the Water Resources Department but fund allocation not having been received the same has not been paid. It would be paid as advent of funds is allocated. In view of the aforesaid counter-affidavit by the State, I direct the Engineer in Chief, Water Resources Department, Govt. of Bihar, Patna to ensure payment of the aforesaid amount of admitted dues to the petitioner within a period of one month from the date of this order is produced before Engineer-in-Chief. He would ensure proper allocation of funds and payment within the said time. With the aforesaid direction and observations, the writ petition stands disposed of. Vikash/- (Navaniti Prasad Singh, J.)