IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8736 of 2008 M/S GHANSHYAM LAL, through its Managing Partner G. L. Madhogaria @ Ghanshyam Lal Madhogaria, son of late Laxmi Narayan Madhogaria, resident of Simrahi Bazar, P.O. Simrahi Bazar, P.S. Raghopur, District – Supaul. Versus 1. THE STATE OF BIHAR through the Chief Secretary, Old Secretariat, Patna. 2. The Commissioner cum Principal Secretary, Road Construction Department, Visheshwaraiya Bhawan, Bailey Road, Patna. 3. The engineer-in-Chief cum Special Secretary, Road Construction Department, Visheshwaraiya Bhawan, Bailey Road, Patna. 4. The Chief Engineer, Transport, North Bihar Section, Road Construction Department, Darbhanga. 5. The Superintending Engineer, Road Construction Department, Road Circle, Saharsa. 6. The Executive Engineer, Road Construction Department, Supaul. ----------- 03. 17.05.2010 Learned counsel for the petitioner has filed a supplementary counter affidavit indicating that after the writ application came to be filed, better sense has prevailed upon the respondents. The payment for the additional work done by him has also been made. The grievance of the petitioner, however, is that sanction was accorded by the Chief Engineer on 29-1-2005 but payment has only been made in 2009 after much delay and harassment. A prayer has been made on behalf of the petitioner that he should be granted interest for delayed payment at commercial rate. In absence of any counter-affidavit filed on behalf of the respondents and any explanation having been for delayed payment, the writ application stands disposed of with 2 direction that petitioner will be free to make a claim of interest upon the concerned respondents. If there are cogent explanation for delayed payment, which is not attributable to the petitioner, then the concerned authority will decide the question of payment of interest from the date it was sanctioned till the time it was paid. Decision within three months would be in order. The writ application stands disposed of with the above direction. rkp ( Ajay Kumar Tripathi, J )