IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.795 of 2010 1. URBAN COLLABORATION GROUP(UCG), THROUGH ITS DIRECTOR- RAJESH KUMAR PRADHAN S/O SRI PRADHAN JWALA PRASAD R/O 111, PATLIPUTRA COLONY, P.S. PATLIPUTRA, TOWN & DISTT. PATNA. ……PETITIONER. Versus 1. THE UNION OF INDIA THROUGH THE DIRECTOR GENERAL ARCHEOLOGICAL SURVEY OF INDIA, MINISTRY OF CULTURE, GOVT. OF INDIA, JANPATH, NEW DELHI 2. THE SUPERINTENDING ARCHEOLOGIST ARCHEOLOGICAL SURVEY OF INDIA, PATNA CIRCLE, J.C. ROAD (ANTAGHAT), PATNA-1 3. THE GOVT. OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPTT. OF TOURISM, GOVT. OF BIHAR, MAIN SECRETARIAT, PATNA 4. THE DISTRICT MAGISTRATE-CUM-DISTRICT OFFICER COLLECTORIATE, ROHTAS. …..RESPONDENTS. ----------- 05. 02.05.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for directing the respondents State of Bihar and its authorities to release the admitted dues of Rs. 11,89,500/- with statutory interest in favour of the writ petitioner for the work performed in accordance with the Memorandum of Understanding between Urban Collaborative Group Patna (petitioner) and Government of Bihar through the Principal Secretary, Department of Tourism, Patna (respondent no.3) dated 04.04.2006. 3. Learned counsel for the petitioner submits that the aforesaid dues are admitted but are not being paid to the petitioner only on the ground that the petitioner had not produced No Objection Certificate from Archaeological Survey of India (respondent no.2). Learned counsel for the petitioner further submits that certificate of Archaeological Survey of India 2 has already been submitted regarding its no objection in that regard (Annexure-K) and hence respondents are duty bound to pay the admitted dues to the petitioner as per the terms of the M.O.U. 4. On the other hand learned counsel for the respondents submits that the said no objection certificate (Annexure-K) issued by the Archaeological Survey of India Patna is a conditional N.O.C., giving pre condition, but learned counsel for the petitioner submits that all the aforesaid pre conditions have been fulfilled and there is no hindrance in that regard. 5. Considering the aforesaid facts and circumstances of the case as well as materials on record, this writ petition is disposed of with a liberty to the petitioner to approach the Principal Secretary, Department of Tourism, Government of Bihar, Main Secretariat, Patna (respondent no. 3) for the said purpose. If such an application is filed by the petitioner raising all his claims within 15 days from today the said authority shall decide the matter by a speaking order within two months and shall pay the entire amount found payable immediately thereafter. However, if any amount is not found payable to the petitioner in the said order the petitioner will be at liberty to challenge the same before an appropriate forum. Devendra/ ( S. N. Hussain J.)