IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 16675 of 2007 M/S Mustaq Ahmad through its proprietor Md Atiur Rahman, Village - Saphi, P O - Jhitkahi, P S - Pachpakari, Dist - East Champaran (Motihari) - Petitioner Versus 1 The State of Bihar 2 The Collector, Sheohar 3 The Sub-divisional Officer, Sheohar 4 The Engineer-in-Chief, Water Resources Department, Bihar, Patna 5 The Executive Engineer, Water Resources Department, Bagmati Division, Circle Sitamarhi 6 The Junior Engineer, Water Resources Department, Sheohar - Respondents ----------- 3 20.03.2009 The petitioner had done some preventive flood protection work along the Bagmati river canal. Since 2005, work having been completed, works scrutinized, bills prepared but the poor petitioner is running from pillar to post, mass of communications are changing hand but no money is being paid. A counter affidavit has been filed today by the State and sworn by none else than the Executive Engineer wherein he has admitted that as recently as on 04.02.2009, bills having been prepared after full scrutiny, recommendation for payment and allocation of fund to the extent of Rs 63,604/- has been sent and till such time, sanction is not accorded by the Engineer-in-Chief, payment cannot be made. Petitioner states that he is too small a person to be able to afford to approach the Engineer-in-Chief for such a small payment. It is because of that that for last three years, no payment is being made to him even though the liability to pay is not in dispute. Be that as it may, in view of the admission of liability in the 2 counter affidavit, I direct the respondent-Executive Engineer to ensure that within one month from today payment of the bill amount of Rs 63,604/- be made to the petitioner from whatever source available. Let it be noted that if there are no funds available, State cannot undertake work from any person because this results in not only harassment but corruption whereafter having done the work, the contractors have to run from pillar to post to move people using means which this Court cannot notice for allocation of fund and on those discretionary exercise of power, a premium is put. I, therefore, direct that wherever any work has to be done under any contract or otherwise, State and its officials shall not issue any order unless and until there is sufficient fund allocation and fund made available for payment of the work to be done because the position in law is just otherwise. Work done and payment are simultaneous responsibilities. It cannot be that work may be done today and payment would be made as and when funds are available, if available. Let a copy of this order be sent to the Chief Secretary, Government of Bihar, Patna. Let it be noted that there are thousands of writ applications pending in this Court only for seeking direction for allocation of funds for payment of long standing bills of contractors wherein liability is admitted but payments are not being made for several years at an end for lack of adequate fund allocation. There are several cases in which cheques have been issued years back but dishonoured and for lack of fund allocation even fresh cheques are not being issued. 3 Let the Chief Secretary look into this aspect of the matter and take appropriate decisions in the Government in this regard. With these observations, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)