IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.7597 of 2005 ================================================== Yamuna Singh, son of late Jeev Narayan Singh, resident of Mohalla-Qumruddinganj, Town and P.S.-Biharsharif, District-Nalanda. .... .... Petitioner. Versus 1. The State of Bihar. 2. The Union of India through the Director General-cum-Special Secretary, Ministry of Highways and Surface Transport, Government of India, New Delhi. 3. The Dy. Controller of Accounts, National Highways, Office of the Chief Controller of I.D.A., Building, Jam Nagar, House, New Delhi. 4. The Regional Pay and Accounts Officer, (N.H.) B-730, Sector-C, Mahanagar, Lucknow. 5. The Regional Officer, Ministry of Highways and Road, Government of India at Patna. 6. The Chief Engineer, National Highways, Government of Bihar, Patna. 7. Executive Engineer, National Highways, Biharsharif, District-Nalanda. .... .... Respondents. ================================================= For the Petitioner : Mr. P.N.Pathak, Advocate For the State : AC to G.P. 17 ================================================== 2 10.05.2011 Heard learned counsel for the petitioner. No one appears for the respondents. 2. This writ petition has been filed by the petitioner for a direction to the respondents to make payment of outstanding admitted dues of Rs.8,91,421/- along with 8% interest for the work executed by the petitioner to the full satisfaction and acceptance of the authorities concerned with respect to the project “S/R in K.M. 9(p), 10, 11(p) and 12(p) (Non-plan) of N.H. 30 A for the year 2000-2001 as per agreement No.61 F2 of 2000/2001 dated 26.3.2001 (Annexure-1) along with cost and damages for mental agony, harassment and financial stringency faced by the petitioner due to non-payment o the aforesaid amount for the last four years. 3. Although about 6 years have elapsed since filing of this writ petition after serving copies of the same in the office of the Advocate General no counter affidavit has been filed on behalf of the respondents. 4. Considering the facts and circumstances of this case, as well as the materials on record, this writ petition is disposed of with a liberty to the petitioner to approach the Regional Pay and Accounts Officer (N.H.) Lucknow (respondent No.4) by filing an application raising all the points and grounds which he had taken in this writ application. If such an application is filed within 15 days from today along with a copy of this order, the said authority shall pay the entire admitted dues and interest to the petitioner within two months thereafter. However, if any amount or interest is not found admitted and payable, the said authority shall pass a speaking order with respect thereto within two months from the date of receipt / production of a copy of this order before the said authority. Petitioner will be at liberty to challenge the said order before an appropriate forum, if aggrieved. PN (S.N. Hussain, J.)