IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15862 of 2008 M/S NALANDA CONSTRUCTION, through its Partner Birendra Kumar Singh, son of late Ramchandra Prasad Singh, Resident of Mohalla – Bengali Para, P.S. Rajgir, district – Nalanda. Versus 1. THE STATE OF BIHAR. 2. The Chief Engineer, Water Resources Department, Bihar, Patna. 3. The Superintending Engineer, Punpun Flood Control area, Patna. 4. The Executive Engineer, Flood Control Division, Mokama camp, Bakhtiyarpur, Patna. 5. Assistant Engineer, Flood Control Sub division, Barahiya, Mokama, Patna. ----------- 03. 17.05.2010 A supplementary counter affidavit has been filed on behalf of the respondents. Counsel for the state has brought on record the recommendation of the flying squad dated 2.7.2009. On perusal of the said recommendation, which is Annexure-D, it emerges that payment has already been made to the petitioner for 30,412.50 cubic metre of earth filling out of 32195 cubic metre. Rest of the work has also been measured and payment with regard to the work has also been made. The balance amount as per actual work will be made over to the petitioner within a time frame. With a statement and stand of the respondents, counsel for the petitioner would be more than happy if the issue stands resolved in light of the statement made in the counter affidavit. The writ application is disposed of with a direction upon the respondents that the balance claim of the petitioner in terms of the actual work shall also be settled after 2 making statutory deduction, preferably within a period of three months from the date of communication / production of a copy of this order. rkp ( Ajay Kumar Tripathi, J )