IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6006 of 2006 Sunil Pandit S/o Sri Ram Deo Pandit, Proprieter of M/s Ram Deo Electric Works, Sanhouli, Gaushala Road, Khagari, District- Khagaria. …..Petitioner. Versus 1. The State of Bihar. 2. The Secretary, Minor Irrigation Department, Govt. of Bihar, Patna. 3. The Project/ Scheme Convenor Tubewell Department, Govt. of Bihar, Nirman Bhawan (Visheshwaraiya Bhawan), Patna. 4. The Chief Engineer Tubewell Division, North Bihar, Govt. of Bihar, Muzaffarpur, Bihar. 5. The Superintending Engineer, Tubewell Division, Govt. of Bihar, Circle Office, Purnia. 6. The Execution Engineer, Tubewell Division, Khagaria, Bihar. …..Respondents. ---------------- 03/ 05.12.2011 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 the admitted dues of Rs.1,72,804.00 with penal interest at the rate of 20% per annum till the entire admitted amount is paid to the petitioner and for other ancillary reliefs. 3. Learned counsel for the petitioner submits that during the period 1993-94 and 1994-95, petitioner was directed by the orders of the respondents-authorities of the Tube Well division, Khagaria for supplying and repairing of tubewell in the area, which the petitioner completed within the time, as had been found by the Executive Engineer vide his letter dated 31.01.2003 (Annexure-2) sent to the Superintending Engineer, but in spite of that no payment has been - 2 - made. 4. On the other hand, learned counsel for the petitioner respondents opposes the contentions of learned counsel for the petitioner and submits that the claim of the petitioner is beyond the sanction estimate as per the report of the Liability Committee. 5. However, in any view of the matter, if the work has been done by the petitioner as per the direction of the authorities it was for the authority to see whether it was within the sanctioned limit and if they had took the work, the petitioner cannot be legally allowed to suffer. 6. Furthermore, this matter involves disputed questions of fact with regard to contractual dues. Hence, this writ petition is disposed of with a liberty to the petitioner to approach the Superintending Engineer, Tubewell Division, Purnia (respondent no.5) giving details of his claim including interest. If such an application is filed by the petitioner within 20 days from today along with a copy of this order, the said authority shall consider the same in accordance with law and shall decide it by a speaking order within four months thereafter keeping in view the orders of the authorities in that regard. If any amount or interest is found admitted and payable it should be paid to the petitioner immediately thereafter. However, if any amount or interest is not admitted and payable in the said order, the petitioner will be at liberty to challenge the same before an appropriate forum. Sunil ( S. N. Hussain, J.)