IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5565 of 2009 Sanjay Yadav, son of Sri Kailash Prasad Yadav, resident of village Gadhia Bhelwa, P.S. and District Madhepura. …. Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Department of Road Construction, Government of Bihar, Patna 2. The Engineer-in-Chief, Department of Road Construction, Government of Bihar, Patna 3. The Superintending Engineer, N. H. Division, Purnea 4. The Executive Engineer, N. H. Division, Purnea ---------------------------------- For the Petitioner : Mr. Pramod Mishra, Advocate For the Respondents : Mr. Saroj Kumar Sharma, A.C. to A.A.G. I ------------------------------- 03/ 15.12.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for directing the respondents to pay the petitioner his due contractual bill amounting to Rs.1,49,833.00 along with penal interest as the petitioner, after completion of work of repair of N.H. 106 between 89 to 98 K.Ms. has submitted a final bill of Rs.2,58,974.00 way back but except advance during the work period in two instalments of Rs.79,141.00 and Rs.30,000.00 in total Rs.1,09,141.00 nothing has been paid to the petitioner as yet, whereas, the petitioner is deeply submerged in loans due to lack of money and for other ancillary reliefs. 3. A counter-affidavit has been filed on behalf of the respondents, in which although the payment of penal interest is contested, but the actual amount claimed by the petitioner is admitted and non-payment has been attributed only due to lack of fund. 4. In the aforesaid facts and circumstances, this writ - 2 - petition is disposed of with a liberty to the petitioner to approach the Engineer-in-Chief, Department of Road Construction, Government of Bihar, Patna (respondent no. 2) along with an application and a copy of this order within fifteen days from today, whereafter the said authority shall see to it that the fund for the said amount is made available with the Executive Engineer, N. H. Division, Madhepura (respondent no. 4) within two months thereafter. The Executive Engineer, N. H. Division, Madhepura is also directed to pay the entire amount due to the petitioner immediately after receipt of the fund. So far the question of interest is concerned, the petitioner will be at liberty to raise the said question before the Engineer-in-Chief, Department of Road Construction, Government of Bihar, Patna after receipt of the principal amount. MPS/ (S.N.Hussain, J.)