IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4391 of 2010 M/S MANISH ENTERPRISES, PARTNERSHIP FIRM, ANATHALAYA ROAD, KATIHAR THROUGH ITS PARTNER, AMARNATH JHA SON OF SRI RADHA KANT JHA. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, WATER RESOURCE DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. JOINT SECRETARY (ENGINEERING) WATER RESOURCE DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE CHIEF ENGINEER, WATER RESOURCE DEPARTMENT, PURNEA. 4. THE SUPERINTENDING ENGINEER, WATER RESOURCE DEPARTMENT, CANAL CIRCLE, PURNEA. 5. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, BANMANKHI, PURNEA. ----------- 2 12/03/2010 Vide agreement No. 39 F-2 of 2000-01 executed between the petitioner and the Executive Engineer, Irrigation Division, Banmankhi, at Purnea certain work came to be assigned to the petitioner. Agreement is annexure-1 to the writ application. The petitioner’s submission is that after completion of work and verification payment has come to be made but only partly. There is still a sum of Rs.81,597/- which is outstanding against the respondents. Even his earnest money which was deposited in the form of N.S.C. worth about - 2 - Rs.28,000/- is lying with the respondents. The reason for payments having not been made, according to the petitioner, is lack of allocation of funds. This stand is corroborated by the communication of the Executive Engineer contained in Annexsure-2. From perusal of the said annexure, it is evident that the petitioner’s name figures in the dues list. When there was inaction on the part of the respondents, the petitioner has even approached the Principal Secretary, Water Resources Department, Govt. of Bihar, Patna vide Annexure-3 but the petitioner has not heard on the issue from any quarter. Keeping in mind the fact that the issue has been pending for many a years, prima facie, the claim of the petitioner does not seem to be in dispute and as such this writ application is disposed of with a direction upon the Principal Secretary, Water Resources Department, Govt. of Bihar, Patna that he shall pass appropriate order or direction upon the competent authority to take steps for settlement of the claim or the dues of the petitioner within a period of three months from the date of production or communication of a copy of this order. If the amount is not released within the - 3 - same period, the petitioner will acquire a right to claim interest at the rate of 10 % from the date the payment is due till the payment is made. AMIN (Ajay Kumar Tripathi, J.)