IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12064 of 2007 RAMESHWAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 07. 15.02.2010 I.A. No. 3267 of 2009 was filed in view of the fact that the original petitioner namely Rameshwar Singh died during the pendency of the writ application. Initially since I.A. was sworn by so-called nephew it was not taken cognizance of. Today a supplementary affidavit has been filed duly sworn by Kuri Devi stating therein that she is the legal heir along with her son namely, Raj Ballav Prasad. I.A. is allowed. Let Kuri Devi and Raj Ballav Prasad be substituted in place of present petitioner. The writ in question was initially filed for a direction upon the respondents to make payment of so-called admitted dues of about Rs.1, 52,000/- and odd to the ordinal petitioner as the work was completed but the claim or the bills were not settled. A counter affidavit has been filed in which it has been stated that Liability Committee in its decision dated 18.5.2009 has looked into the claim made in the application based on the measurement carried out of the work. They have accepted that payment of Rs.52,781/- is payable to the petitioner with regard to Agreement No. 95 F-2 / 1998-99 and a sum of 2 Rs.99,269.00 with regard to Agreement No. 43 F-2/1996- 97. Since the Liability Committee has already accepted the above two payments as payable to the original petitioner, the only reason why payment has not been made is lack of allocation of fund in this regard. The writ application stands disposed of with a direction that the Engineer-in-Chief, respondent No.3, shall ensure that necessary fund is made available for payment to the substituted heirs preferably within a period of three months from the date of communication / production of a copy of this order. The writ application stands disposed of with the above direction. rkp ( Ajay Kumar Tripathi, J )