IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14103 of 2009 ALAMGIR ASHRAF ( PROPRIETOR OF DELUXE TENT HOUSE) S/O NESAR AHMAD, R/O VILLAGE- UJJIN TOLA,P.S. BETTIAH TOWN, DISTT- WEST CHAMPARAN--PETITIONER Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, BUILDING CONSTRUCTION DEPARTMENT, BIHAR, PATNA 2. THE SUPERINTENDING ENGINEER, BUILDING CICLE (ANCHAL) MOTIHARI, EAST CHAMPARAN 3. THE EXECUTIVE ENGINEER, BUILDING DIVISION, BETTIAH IN THE DISTRICT OF WEST CHAMPARAN 4. THE SUBDIVISIONAL OFFICER, BUILDING DIVISION, BETTIAH, DISTT- WEST CHAMPARAN 5. THE JUNIOR ENGINEER, BUILDING SIB-DIVISION,BAGAHA, WEST CHAMPARAN 6. THE DISTRICT MAGISTRATE-CUM-COLLECTOR,BETTIAH,WEST CHAMPARAN-----------------------RESPONDENTS. ----------- 3 4.1.2010 Heard learned counsel for the parties. Petitioner is said to be the proprietor of what is known as Deluxe Tent House located in the town of Bettiah in the district of West Champaran. He was awarded work by Building Division, Bettiah for providing facility for smooth visit of Chief Minister of the State of Bihar along with other senior officials for what is known as Vikash Yatra conducted by him. Petitioner made available all the facilities including setting up of tents and amenities. Nobody had any grievance against the work done by the petitioner but when it came down to payments of remaining dues everybody seems to have kept mum on the issue. Vikash Yatra was over almost a year back but the bill or the claim of the petitioner still remains unpaid. Failure on the part of the respondents therefore compelled the petitioner to approach the High Court in the present writ application. On the direction of the Court the District Magistrate of the district in question has filed the present counter - 2 - affidavit duly authorized but sworn by the Assistant Engineer Building Sub-Division, Bagha. The sum essence of the stand of the respondents is that since there is no allocation of fund under this head, the payment of bill of the petitioner has not been made. Communications made with the headquarters through various letters making request for release of fund have been brought on record. These are communications at the level of the Superintending Engineer, Building Circle, Motihari addressed to the Chief Engineer (North) Building Construction Department, Government of Bihar. The letters in question are letter nos. 377 dated 27.6.2009 and 1941 dated 10.11.2009 which are annexures A and B to the counter affidavit respectively. Since nothing has been done so far by senior authority the petitioner’s bill still stand unpaid. The Court has no hesitation in recording that the so called Vikash Yatra of the Chief Minister generated a lot of excitement amongst the people and the media since it was first visit of the kind which was undertaken by the head of the State. What advantage the State administration derived and the benefit the people got is not for the Court to delve into. But the Court is concerned about the immediate fall out of the visit on the citizen, who has not been paid for the work done by him merely because the State authority never made any allocation of fund for facilitating the Vikash Yatra in question. From the communications contained in annexures - 3 - A and B to the counter affidavit the claim of the petitioner seems to be bona fide. If that be so, then the respondent authority had duty to settle the bill of the petitioner at the earliest. Since letters written at various level has not got the required result, the Court disposes of the writ application with a direction upon the Chief Secretary, Government of Bihar that he will take cognizance of the grievance of the petitioner and the communications referred to in annexures A and B and take all such adequate step which is required to settle the bill of the petitioner within a period of eight weeks from the date of production or communication of this order. The Chief Secretary would also be well advised to issue proper instructions to the concerned authorities that no citizen of the kind is harassed again for the reasons indicated above. It will be the obligation of the State authority to make available adequate funds for meeting all the requirements of such high profile visit which is made and are official in nature. This writ application stands disposed of with the above directions or strict compliance. RPS (Ajay Kumar Tripathi, J.)