IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2979 of 2008 Bishwanath Rai, son of late Dharikshan Rai, present resident of Mohalla-Kolhua Pagamberpur, P.S. Yahiyapur, District-Muzaffarpur and permanent resident of village-Morsandi, P.S. Motipur, District- Muzaffarpur. …..Petitioner. Versus 1. The State f Bihar. 2. The Secretary Road Construction Department, Bihar, Patna. 3. The Engineer-in-Chief Road Construction Department, Bihar, Patna. 4. The Chief Engineer, Road Construction Department, Bihar, Patna. 5. The Superintendent Engineer, Road Construction Department, Muzaffarpur. 6. The Executive Engineer, Road Construction Department, Division no. 1, Muzaffarpur. 7. The Assistant Engineer, Road Construction Department, Division no. 1, Muzaffarpur. 8. Junior Engineer, Road Construction Department, Division no. 1, Muzaffarpur. …..Respondents. ----------- 04. 20.02.2009 It is unfortunate that in spite of writ petition pending in this court for more than a year and in spite of repeated adjournments and in spite of repeated communications from the office of the Advocate General to the concerned respondents regarding necessity to file a counter-affidavit in the writ application no counter-affidavit has been filed in that view of the matter. I deem to that the writ application is not to be countered and the pleadings therein are admitted from Annexure-3 to the writ petition and averment made in paragraph 10 of the writ petition it is clear that while preparing the final bill it was found that the amount due to the petitioner was Rs. 9,79,274/- (Nine Lac Seventy Nine - 2 - Thousand Two Hundred Seventy Four) but payment was made only for Rs. 9,00,000/- (Nine Lacs) leaving the balance to be paid later. This amount of balance payment was also sanctioned vide bill dated 25.01.2006 as is apparent from the writ petition but as is usual of non-allocation of fund this amount was then not paid. It is for that the petitioner has come to this court. In view of these facts which remained uncontroverted I direct to Chief Engineer, Road Construction Department, Division-1, Muzaffarpur to ensure payment to the petitiioner within one month of this order being produced before him. He is free to look into the matter but if he finds that the amount is not payable on any ground then he would initiate appropriate action against the state officials who have passed the bills and made endorsement in the measurement book. Recommendation for disciplinary authority against those officers must be communicated to this court by 27th March, 2009 in respect of the aforesaid matter. This writ petition stands disposed of. Vikash/- (Navaniti Prasad Singh, J.)