IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No 1490 of 2008 Devendra Prasad Singh, son of Shri Nand Kishore Prasad Singh, Resident of Mohalla – Sarswati Nagar, Rewa Road, Bhagwanpur Chatti, Muzaffarpur, P S – Sadar Muzaffarpur, District – Muzaffarpur - Petitioner Versus 1 The State of Bihar 2 Mrs S Jalja, the Secretary, Urban Development Department, New Secretariat, Vikash Bhawan, Bailey Road, Patna 3 The Muzaffarpur Regional Development Authority (now defunct) through Smt Bimla Devi Tulsian (Mayor) & its Chairman, Company Bag, near – Town Hall, Muzaffarpur 4 Shri Awadhesh Kumar, Vice-Chairman, Muzaffarpur Regional Development Authority (now defunct), CompanyBag, near – Town Hall, Muzaffarpur 5 Shri Hari Shankar Singh, Secretary, Muzaffarpur Regional Development Authority (now defunct), Company Bag, near – Town Hall, Muzaffarpur 6 Shri Ganesh Yadav, the executive Engineer, Muzaffarpur, Regional Development Authority (now defunct), Company Bag, near – Town Hall, Muzaffarpur 7 Muzaffarpur Municipal Corporation through Shri Awadhesh Kumar, the Municipal Commissioner, Muzaffarpur 8 Shri Awadhesh Kumar, Municipal Commissioner, Muzaffarpur Municipal Corporation, Muzaffarpur -Opposite Parties W I T H MJC No 1491 of 2008 Ramanand Thakur, Son of late Brahmdeo Thakur, resident of Village – Patsara, P S – Piar, District – Muzaffarpur - Petitioner Versus 1 The State of Bihar 2 Mrs S Jalja, the Secretary, Urban Development Department, New Secretariat, Vikash Bhawan, Bailey Road, Patna 3 The Muzaffarpur Regional Development Authority (now defunct) through Smt Bimla Devi Tulsian (Mayor) and its Chairman, Company Bag, near Town Hall, Muzaffarpur 4 Shri Awadhesh Kumar, Vice Chairman, Muzaffarpur Regional Development Authority (now defunct), Company Bag, near Town Hall, Muzaffarpur 5 Shri Hari Shankar Singh, Secretary, Muzaffarpur Regional Development Authority (now defunct), Company Bag, near Town Hall, Muzaffarpur 6 Shri Ganesh Yadav, the Executive Engineer, Muzaffarpur Regional Development Authority (now defunct), Company Bag, near Town Hall, Muzaffarpur 7 Muzaffarpur Municipal Corporation through Shri Awadhesh Kumar, the Municipal Commissioner, Muzaffarpur 2 8 Shri Awadhesh Kumar, Municipal Commissioner, Muzaffarpur Municipal Corporation, Muzaffarpur -Opposite Parties W I T H MJC No 1492 of 2008 Devendra Prasad Singh, son of Nand Kishore Prasad Singh, resident Of Mohalla – Sarswati Nagar, Rewa Road, Bhagwanpur Chatti, Muzaffarpur, P S – Sadar Muzaffarpur, Dist – Muzaffarpur-Petitioner Versus 1 The State of Bihar 2 Mrs S Jalja, the Secretary, Urban Development Department, New Secretariat, Vikash Bhawan, Bailey Road, Patna 3 The Muzaffarpur Regisonal Development Authority (now defunct) through Smt Bimla Devi Tulsian (Mayor) & its Chairman, Company Bag, near Town Hall, Muzaffarpur 4 Shri Awadhesh Kumar, Vice Chairman, Muzaffarpur Regional Development Authority (now defunct), Company Bag, near Town Hall, Muzaffarpur 5 Shri Hari Shankar Singh, Secretary, Muzaffarpur Regional Development Authority (now defunct), Company Bag, near Town Hall, Muzaffarpur 6 Shri Ganesh Yadav, the Executive Engineer, Muzaffarpur Regional Development Authority (now defunct), Company Bag, near Town Hall, Muzaffarpur 7 Muzaffarpur Municipal Corporation through Shri Awadhesh Kumar, the Municipal Commissioner, Muzaffarpur 8 Shri Awadhesh Kumar, Municipal Commissioner, Muzaffarpur Municipal Corporation, Muzaffarpur -Opposite Parties W I T H MJC No 1493 of 2008 Devendra Prasad Singh, son of Nand Kishore Prasad Singh, resident of Mohalla – Sarswati Nagar, Rewa Road, Bhagwanpur Chatti, Muzaffarpur, P S – Sadar Muzaffarpur, District – Muzaffarpur - Petitioner Versus 1 The State of Bihar 2 Mrs S Jalja, the Secretary, Urban Development Department, New Secretariat, Vikash Bhawan, Bailey Road, Patna 3 The Muzaffarpur Regional Development Authority (now defunct) through Smt Bimla Devi Tulsian (Mayor) & its Chairman, Company Bag, near Town Hall, Muzaffarpur 4 Shri Awadhesh Kumar, Vice Chairman, Muzaffarpur Regional Development Authority (now defunct), Company Bag, near Town Hall, Muzaffarpur 5 Shri Hari Shankar Singh, Secretary, Muzaffarpur Regional Development Authority (now defunct), Company Bag, near Town Hall, Muzaffarpur 3 6 Shri Ganesh Yadav, the Executive Engineer, Muzaffarpur Regional Development Authority (now defunct), Company Bag, near Town Hall, Muzaffarpur 7 Muzaffarpur Municipal Corporation through Shri Awadhesh Kumar, the Municipal Commissioner, Muzaffarpur 8 Shri Awadhesh Kumar, Municipal Commissioner, Muzaffarpur Municipal Corporation, Muzaffarpur -Opposite Parties ----------- 4 14.10.2009 The petitioners having done work and not having been paid came to this Court. Before this Court, a lame excuse was taken by the State that because a vigilance enquiry is pending, they are unable to make payment. Court found that in fact there was no vigilance enquiry pending nor would any enquiry which was pending was in respect of other matters not concerning the petitioners. Petitioners would have no effect on this. Thus, withholding payment was held to be arbitrary and directions were issued to make payment. There was further direction to compensate the petitioners if payment is not made within the time fixed in the order. State filed Letters Patent Appeal. In Letters Patent Appeal, order of this Court was stayed. Subsequently, State was given liberty to make payment if they were satisfied that payment was due. State examined the matter and directed the payment to be made. Payment has, thus, been made to the petitioners by the Muzaffarpur Municipal Corporation but without any compensation, as ordered. In the facts, it is clear that Muzaffarpur Municipal Corporation has admitted that it was liable to pay and it has paid. Compensation was only to compensate the petitioners for delayed payment. If principal liability was 4 admitted, Muzaffarpur Municipal Corporation cannot deny liability to compensate which goes without saying. Let Muzaffarpur Municipal Corporation make good the compensation as ordered as the principal liability itself has been admitted by it within 3 months. With these observations, these applications stand disposed of. M.E.H./ (Navaniti Prasad Singh)