IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2353 of 2008 M/S SHIVANI CONSTRUCTION PVT.LTD. through its Manager, Smt Anu Shukla wife of Vijay Kr. Shukla, resident of Nayatola P.S. Kazi Mohammadpur,District-Muzaffarpur. Versus 1. THE STATE OF BIHAR . 2. Secretary,Department of Public Road Construction, Govt. of Bihar,Patna. 3. Engineer-in-Chief, Public Road Construction Department, Division no.1,Muzaffarpur, Govt. of Bihar,Patna. 4. Chief Engineer,Public Road Construction Department,Darbhanga. 5. Superintending Engineer, Public Road Circle Muzaffarpur. 6. Executive Engineer,Public Road Division,Muzaffarpur. ----------- 4 6.2.2009 With reference to Annexure 2, a letter written by the Executive Engineer, Road Construction Department, Muzaffarpur, through the Superintending Engineer, North Bihar, Road Division, Muzaffarpur, dated 21.6.2006, petitioner states that the matter with regard to payment of work done by him is pending at the State level without any decision in the matter causing irreparable loss to the petitioner. The matter was twice adjourned by this Court to enable the learned counsel for the State to seek instruction and file a counter affidavit in the matter but for one reason or the other , no counter affidavit has been filed. Learned Additional Advocate General XI submits that to obviate the problem, the writ petition may be disposed of with a direction to the Secretary to the Road Construction Department , Govt. of Bihar, to consider the petitioner’s representation in detail and decide the matter at an early date, so that the dispute may be resolved 2 once and for all. I accordingly direct the petitioner to file a detailed representation to the Secretary aforesaid within a period of one month from today and the Secretary would make such an enquiry and after disclosing information ,if any, to the petitioner take a decision in the matter within two months and communicate the decision with reasons to the petitioner. If it is found that payment is due to the petitioner, the same would be paid along with the order of the Secretary itself. This disposes of the writ petition. Let a copy of this order be given to learned counsel for the State. SINGH (Navaniti Pd. Singh, J.)