IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18460 of 2008 1. M/S BAM-BAM CONSTRUCTION, REGISTERED CONTRACTOR THROUGH IT PARTNER BAM BAHADUR SINGH, 2. BAM BAHADUR SINGH, S/O RANGJI SINGH, BOTH RESIDENTS OFVILLAGE-MOHALLA AMIRCHAND KOTHI,PAKRI, ARA TOWN, P.S. ARRAH NAWADA, DISTT. BHOJPUR (ARRAH). ... ... PETITIONERS. Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER PATNA DIVISION, PATNA. 3. THE COLLECTOR OF THE DISTRICT BUXAR AT BUXAR. 4. THE ENGINEER-IN-CHIEF, RURAL WORKS DEPARTMENT, PATNA. 5. THE CHIEF ENGINEER-I, RURAL WORKS DEPARTMENT, BIHAR, PATNA. 6. THE SUPERINTENDING ENGINEER, RURAL WORKS DEPARTMENT, WORK CIRCLE SASARAM, DISTT. ROHTAS. 7. THE EXECUTIVE ENGINEER, RURAL WORKS DEPARTMENT, WORKS DIVISION, BUXAR, DISTT. BUXAR. ... ... RESPONDENTS. ----------- 3. 8.10.2009. Heard learned counsel for the petitioners and the State. Petitioner no.1 is a firm of which petitioner no.2 is the Managing partner. They are engaged in executing contract works pursuant to agreements signed by and between the petitioner no.2 on behalf of petitioner no.1 and the functionaries of the State Government. One such agreement is numbered as 90 F 0728 dated 25.2.2008 and was executed for laying Khairapatti – Keshopur Road in the district of Buxar. The road laying work was executed in part as the land holders of the adjoining lands stopped further laying work - 2 - asserting that the lands on which the road is being laid has not yet been acquired. On account of protest by the land holders of the adjoining land the road laying work of the value of Rs.1,33,00,000/- and odd could only be executed. The remaining works could be executed on account of the protest of the land holders of the adjoining land which lead to loss of material(s) stacked at the site by the petitioners for the purposes of completing the works contract under the aforesaid agreement. It is submitted on behalf of the petitioners that on account of failure of the authorities to make available the land for completing the road laying work petitioners have suffered damages to the extent of 23 lacs. He has filed representation before the Executive Engineer concerned asserting that he be paid not only the amount of damages but also security, earnest money/Royalty money kept in deposit with the authorities for successful completion of the road laying work. The representation is dated 12.7.2008 and is contained in Annexure-4 series to this application. Let the Executive Engineer forward the - 3 - N.H./ representation of the petitioners with his comments to the Superintending Engineer, who in turn forward the representation to the Chief Engineer and Chief Engineer forward the same to the Engineer-in-Chief as early as possible in any case within one month from the date of receipt/production of a copy of this order before the authorities whereafter the Engineer-in-Chief should pass appropriate orders in accordance with law. While passing the orders, the Engineer-in- Chief should not only consider the question of refund of the Security/Royalty money to the petitioners, but also the amount of damage which he has suffered on account of loss of material. In the event, petitioners are not satisfied with the order passed by the Engineer-in-Chief, they are at liberty to approach the other forum available to them under law. This application is, accordingly, disposed of. ( V.N. Sinha,J.)