IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5758 of 2011 M/S VIJAY ASSOCIATES AT BASAHI, P.O. CHUROMANCHAK, VIA- TEGHRA, P.S.- BHAGWANPUR, DISTRICT BEGUSARAI THROUGH ITS PROPRIETOR VIJAY KUMAR S/O SRI RAM BAHADUR MAHTO, RESIDENT OF VILLAGE-BASUHI, P.O. CHURAMANPUR, DISTRICT-BEGUSARAI. ..PETITIONER Versus 1. THE STATE OF BIHAR . 2. THE MANAGING DIRECOR, BIHAR RAJYA PUL NIRMAN NIGAM LTD. 7, SARDAR PATEL MARG, PATNA-800015. 3. THE SENIOR PROJECT ENGINEER, BIHAR RAJYA PUL NIRMAN NIGAM LTD. ROAD DIVISION, DAROGA RAI PATNA, PATNA. 4. THE CHIEF ENGINEER, ROAD CONSTRUCTION DEPARTMENT NORTH BIHAR, SUB ZONE, DARBHANGA. 5. THE SUPERINTENDING ENGINEER, ROAD CONSTRUCTION DEPARTMENT, DARBHANGA CIRCLE, DARBHANGA. 6. THE EXECUTIVE ENGINEER, ROAD CONSTRUCTION DEPARTMENT, ROAD DIVISION, SAMASTIPUR. …….RESPONDENTS For the petitioner : Mr. N.K. Malhotra, Sr. Adv. For the respondents : Mr. Md. Nadim Seraj, Advocate. ----------- 03. 19.05.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for a direction to the respondents to calculate and make payment of the dues regarding the contract work assigned to and completed by the petitioner vide Agreement No. 16/2007-08 on the basis of the Schedule of Rates (SOR) effective from 05.12.2006 in terms of sub-clause 2(xv) under schedule F of clause 10CC on which the Agreement has been executed between the petitioner and respondent no. 3 as after execution of the Agreement the SOR 2 has been reduced on the basis of subsequent non-applicable SOR without consent or information to the petitioner due to which he is suffering huge loss and to pay to the petitioner percentage on cost of materials and labour to cover all over heads and profits to the extent of 20% in view of sub-clause (xiv) under schedule-F of clause 10CC of the said Agreement apart from its technical defect. 3. A counter affidavit has been filed on behalf of respondent nos. 2 and 3 specifically denying the claim of the petitioner stating that the petitioner has not submitted any bill regarding the bitumen which was also allotted from the depot of Indian Oil Corporation. 4. Be that as it may, this writ Court cannot decide the dispute between the parties with respect to payment of contractual amount as it also involves serious questions of fact which require evidence. In the aforesaid circumstances, this writ petition is disposed of with a liberty to the petitioner to approach the Executive Engineer, Road Construction Department, Road Division, Samastipur (respondent no.6) raising all his grievances and grounds including Annexure-6. If such an application is filed within 15 days from today the said authority shall decide the same in accordance with law within two months thereafter. If any amount is found admitted and payable the said amount should be paid immediately thereafter to the petitioner. However, if any amount is not fond admissible and payable in the said order the 3 petitioner will be at liberty to challenge the same before an appropriate forum, if aggrieved. Devendra/ ( S.N. Hussain, J. )