IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2564 of 2011 M/S RAMAJEE MISHRA & CO. THROUGH ITS ACTING PARTNER SRI RAMAJEE MISHRA, S/O LATE RAMKISHUN MISHRA, R/O VILLAGE-SIRISIA, P.O.-SASAMUSA, P.S.+DISTRICT- GOPALGANJ………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH BIHAR PUBLIC WORKS DEPARTMENT, BIHAR, PATNA. 2. THE SUPERINTENDING ENGINEER, BUILDING CONSTRUCTION CIRCLE, CHAPRA. 3. THE EXECUTIVE ENGINEER BUILDING CONSTRUCTION DIVISION, SIWAN. 4. THE EXECUTIVE ENGINEER BUILDING CONSTRUCTION DIVISION, GOPALGANJ. 5. RURAL WORKS DEPARTMENT THROUGH EXECUTIVE ENGINEER GOPALGANJ. 6. PUBLIC HEALTH ENGINEERING DEPARTMENT THROUGH EXECUTIVE ENGINEER, CHAPRA. 7. B.R. AMBEDKAR UNIVERSITY THROUGH ITS REGISTRAR MUZAFFARPUR. 8. NAGAR PARISHAD SIWAN. 9. THE TREASURY OFFICER, GOPALGANJ. …….RESPONDENTS. For the petitioner :Mr. M.Kumar Mishra, Sr. Advocate with Mr. A.K.Pandey, Advocate. For the State : Mr. Tej Pratap Singh, AC to SC-17 For the University : Mr. A.B. Sinha, Advocate. ----- 03/ 25.03.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for a direction to the respondents to implement Circular No.5633(Ga) dated 17.07.2008 as well as their letter no.48 dated 06.01.2009 issued by Superintending Engineer, Building Construction Circle, Chapra and to pay entire dues of petitioner as per the revised rates for the execution of works as well as for the ongoing works of construction as per the agreement between the parties for the year 2007-08. - 2 - 3. Considering the averments made by learned counsel for the parties as well as the materials on record, it is quite apparent that the petitioner wants payment at revised rate from the respondents for the works done by him as per the agreement. In the said circumstances, this writ petition is disposed of with a liberty to the petitioner to file an application before the Superintending Engineer, Building Construction Circle, Chapra (respondent no.2) raising all his grievances which he had raised before this court. If such an application is filed by the petitioner within 15 days from today along with a copy of this order, the said authority shall consider the matter in accordance with prescribed rules and resolutions and shall decide it expeditiously preferably within a period of two months. If such an amount is found payable, the said authority shall pay the same to the petitioner immediately thereafter. However, if any amount is not found payable, a speaking order must be passed by the said authority so that the petitioner may challenge the same before the appropriate forum. Harish (S.N. Hussain, J.)