IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18330 of 2011 KEMS Service Private Limited, through its Managing Director Mr. Mohan Kumar Khandelwal S/O Sri Durga Prasad Khandelwal 76, B1/B, Maurya Lok Complex, Dak Bunglow Road, P.S.- Kotwali, Patna-800001 (Bihar). ……Petitioner. Versus 1. The State of Bihar through the Principal Secretary Water Resources Department, Bihar, Patna. 2. The Engineer-In-Chief (North), Water Resources Department, Bihar, Patna. 3. The Chief Engineer, Water Resources Department, Bhagalpur. 4. The Superintending Engineer, Water Resources Department, Sinchai Anchal, Bhagalpur. 5. The Executive Engineer, Flood Control Division, Navgachia, District- Bhagalpur. ----------------------- For the petitioner : Mr. Raghib Ahsan, Senior Advocate with Mr. Manish Sahay, Advocate. For the respondents : Mr. Tej Bahadur Singh, A. A. G. 7. -------- 02/ 24.10.2011 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 authorities to pay Rs.19,28,55,929.00 along with 18% interest for the work completed by the petitioner with regard to “Restoration/Anti-Erosion Work of spur Nos.3, 4, 5, 6, and 7 in between Ismailpur Bindtoli Embankment in D/S Vikramshila Bridge in Bhagalpur District, Agenda No.98/333” vide agreement No. SBD 02 of 2008-09 between the authorities and the petitioner, who is a contractor duly registered with the Department of Water Resources under category Class-I. - 2 - 3. Considering the averments made by learned counsel for the parties and the materials on record, this writ petition is disposed of with a liberty to the petitioner to approach the Engineer- in-Chief (North) Water Resources Department, Govt. of Bihar, Patna (respondent no.2) along with an application giving details of his claim with respect to dues and interest. If such an application is filed by the petitioner before the said authority along with a copy of this order within three weeks, the said authority shall consider the same in accordance with law and, if required, may obtain a report from the liability committee and decide the claim of the petitioner by a speaking order within a period of four months thereafter and if any amount and interest is found admitted and payable it should be immediately paid to the petitioner. However, if any amount or interest is not found to be admitted and payable in the said order, the petitioner shall be at liberty to challenge the same before an appropriate forum in accordance with law. Sunil (S.N.Hussain, J.)