IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23257 of 2011 M/S Sri Ram Enterprises, a partnership firm having its office at 5th floor, Sadbhawna, A.C. Road, Bhagalpur, P.O. and District Bhagalpur through its authorized representative Sri Sumit Drolia, son of Sri Kailash Drolia, Resident of Station Chowk, P.S. Tatarpur, District Bhagalpur………………………………………..…Petitioner. Versus 1. The State of Bihar through the Principal Secretary, Department of Water Resources, Govt. of Bihar, Patna. 2. The Principal Secretary, Department of Water Resources, Govt. of Bihar, Patna. 3. The Engineer-in-Chief(EAST), Department of Water Resources, Govt. of Bihar, Patna. 4. The Chief Engineer, Department of Water Resources, Bhagalpur. 5. The Superintending Engineer, Department of Water Resources, Bhagalpur. 6. The Executive Engineer, Flood Control Division, Naugachhia………………………………..…Respondents. For the petitioner : M/s Gautam Kejriwal and Usha Mishra, Advocates. For the respondents : Mr.Sanat Kr. Mishra, JC to AAG-VIII ------------------ 02/ 23.12.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs: (a) For issuance of a writ in the nature of mandamus directing the respondents to make payment of balance of the admitted dues to the petitioner which is lying withheld in spite of admittance and approval by the respondents on account of the petitioner having executed the entire project of Boulder Revetment Work from 6 KM to 6.5 KM and Boulder Pitching from N.S.L. to D.F.L. from 0 to 6.0 KM near Khairpur- Raghopur U/s of Vikramshila Bridge, Bhagalpur District. (b) For issuance of a writ in the nature of mandamus directing the respondents to release with immediate effect the entire admitted dues as aforesaid along with interest by way of damage suffered by the petitioner due to unreasonable and unwarranted withholding of payment from the date it has fallen due till the date of payment - 2 - (c) For grant of any other relief or reliefs to which the petitioner is found entitled to in the facts and circumstances of the case. 3. Learned counsel for the petitioner submits that although the aforesaid amount is admittedly payable to the petitioner as would be apparent from letter dated 22.02.2011 of the Chief Engineer, Water Resources Department, Bhagalpur (Annexure-4), but it is not being paid. 4. Considering the averments made by learned counsel for the parties and the materials on record, this writ petition is disposed of with a direction to the petitioner to approach the Executive Engineer, Flood Control Division, Naugachhia along with an application giving details of his claim with respect to principal and interest. If such an application is filed within 15 days from today along with a copy of this order, the said authority shall consider the same in accordance with law and shall decide it by a speaking order within two months thereafter. If any amount or interest is found to be admitted and payable, it should be immediately paid to the petitioner within one month thereafter. However, if any amount or interest is not found to be admitted and payable in the said order, the petitioner will be at liberty to challenge the same before an appropriate forum. Harish (S.N.Hussain, J.)