IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3528 of 2009 ----------- 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, Navadih 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. Ram Narayan, A.C. to G.P.16 ------ 08/ 07.04.2011 1. Heard learned counsel for the petitioners and learned counsel for the State and its authorities. 2. This writ petition has been filed by the petitioners for a direction to respondent-authorities to pay the admissible amount as per revised rate list with effect from 01.10.2007 to the petitioners for the work done by them under agreement no. 4F2/2007-08 dated 30.07.2007 (Annexure 2), which was for the construction of SLR bridge at RD 14.60 and C.D. work at R.D. 15.70 of Kotwara distributory. 3. It transpires from Annexure 2 that the claim of the petitioners before revision of rate was for dues amounting to Rs.60,12,645.00 and it was specifically mentioned in the Agreement in question that the rate for the aforesaid work was 2 completely provisional and shall be applicable when the rate of above item is approved by the concerned Rate Committee. Furthermore from letter dated 30.07.2007 (Annexure 3) issued by the Executive Engineer to the Superintending Engineer, it is quite apparent that the recommendation was made for approval of payment at the revised fixed rate and the revised fixed rate was attached to the said letter. 4. Considering the entire facts and circumstances of the case, this writ petition is disposed of with a liberty to the petitioners to approach the Chief Engineer, Water Resources Department, Aurangabad (respondent no.2). If an application is filed by the petitioners along with a copy of this order before the said authority within fifteen days from today, he shall decide the same in accordance with law by a speaking order within three months from the date of receipt/production of a copy of this order. If any amount or interest is found admittedly payable, the same 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. )