IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13997 of 2010 OM PRAKASH SHARMA, son of late Jitwahan Singh, Managing Director of M/s Om Lalita Construction Co., resident of village- Chiraura Police Station- Naubatpur, District- Patna… Petitioner Versus 1. THE STATE OF BIHAR through the Principal Secretary, Building Construction Department, Vishwaraiya Bhawan, Bailey Road, Patna. 2. The Principal Secretary, Health Department, Government of Bihar, New Secretariat, Bailey Road, Patna. 3. Director of Indira Gandhi Institute of Cardiology, Patna Medical Hospital Patna. 4. Executive dEngineer, Building Construction Department, North of Gandhi Maidan, Patna. 5. Chief Engineer, Building Construction Department, Vishwaraiya Bhawan, Bailey Road, Patna. 6. Superintending Engineer, Building Construction Department, South Circle Bihar, Patna. 7. Sub Divisional Officer, Building Construction Department, Medical Subdivision Patna Medical Colletge Hospital, Patna. 8. Rajiv Ranjan then Junior Engineer, Building Construction Department, Mahila Section, P.M.C.H.,Patna. 9. The Junior Engineer, Building Construction Department, Mahila Section, P.M.C.H.,Patna…. Respondents. ----------- For the petitioner: Mr. K.D. Chatterji, Advocate Mr. V.K. Tripathi, Advocate For the State: Mr. Lalit Kishore, A.A.G.III Mr. Piyush Lal, A.C. to AAG-III ------- 2. 27.8.2010 The petitioner has come to this Court seeking payment of the works executed/completed by him on the direction of the respondents in the premises of the Indira Gandhi Institute of Cardiology and further for restraining the respondents from proceeding with e-tender published by them on 30.7.2010. Learned counsel for the petitioner submits that renovation works of the New Public Health Institute Building in the Campus of P.M.C.H. and - 2 - the second floor of spinal ward internal surface of I.G.I.C. were undertaken by the petitioner on the verbal direction of the Executive Engineer without completing the formalities of the execution of the agreement and the said renovation works were carried out in anticipation that sanction for the same would be obtained later on and the petitioner was assured that the payment for the work executed by him would be made. Aggrieved by the inaction of the authorities, the petitioner filed a representation dated 11.8.2010 to the Secretary, Building Construction Department, but the same has not been disposed of, and a Notice for e-tender has been published by the respondents on 30.7.2010 for the same work. In the above circumstances, the writ application is disposed of with a direction to the Secretary, Building Construction Department to consider and dispose of the representation dated 11.8.2010 of the petitioner within a period of four weeks from today. The Secretary shall bear in mind that if a contract is allotted as per the e- tender invited and the work is started, then it may not be possible to find out as to whether the - 3 - petitioner has done any work or not as claimed by him and accordingly, he must take immediate steps to get a report as to whether any and if so what type of work was performed by the petitioner on the direction of the Executive Engineer. The petitioner would be at liberty to adduce any material in support of his claim before the Secretary, Building Construction Department. VPS ( Ramesh Kumar Datta, J. )