IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4405 of 2007 VIJAY KUMAR SINHA, son of late Brijnandan Pd Sinha, resident of Mohalla – Gulzarbagh, P S – Alamganj, District – Patna. Versus 1. THE STATE OF BIHAR 2. The Secretary, Building and Construction Department, Government of Bihar, Visheshwaraiya Bhavan (Nirman Bhavan), Bailey Road, Patna. 3. The Engineer-in-Chief, Building and Construction Department, Government of Bihar, Visheshwaraiya Bhavan, (Nirman Bhavan), Bailey Road , Patna. 4. The Chief Engineer, Building and Construction Department, Government of Bihar, Visheshwaraiya Bhavan, (Nirman Bhavan), Bailey Road , Patna. 5. The Executive Engineer, Patna West Building Division, Industrial Estate, West Patliputra, Patna. ----------- 03. 22.12.2009 Heard learned counsel for the petitioner and learned counsel for the State. From the pleadings made in the writ application as well as in the counter affidavit filed on behalf of the respondent State there is no dispute that work was done as per the direction of the respondent Executive Engineer, Building & Construction Department, Government of Bihar and bills came to be raised, the recent being for the year 2003-04 contained in annexure-2. The other bills relate to the year 1995-96 (annexure-3) and 1994-95 (annexure-4). Some part of the bills have been paid but other amounts have not been paid on the ground that allocation of fund has not been made available. That is the only ground which has been taken in the counter affidavit. Non-payment of bills on the ground of lack of fund or allocation is not a new phenomenon and stands noticed to be one of the primary reasons for such dispute before the High Court. - 2 - The issue being limited one, the writ application stands disposed of with a direction upon the Chief Engineer, Building & Construction Department, Government of Bihar that he will seek necessary inputs with regard to the claim of the petitioner contained in Annexures 2, 3 and 4 and if necessary make allocation of fund at his level. In absence of the same he may seek appropriate advice or orders from the superior authorities in settling the bills of the petitioner preferably within three months from the date of communication /receipt of a copy of this order. The writ application stands disposed of. rkp (Ajay Kumar Tripathi, J)