IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6019 of 2009 Ramesh Prasad Yadav, son of late Ayodhya Prasad Yadav, resident of village Madhubani, P.S. Khajanchi Hatt, District Purnia … Petitioner Versus 1. The State of Bihar through Secretary of Bihar Public Works Department, Government of Bihar, Patna 2. The Commissioner-cum-Secretary, Road Construction Department, Bihar, Patna. 3. The Chief Engineer, National Highway, Sub-Division, Road Construction Department, Bihar, Patna. 4. The Superintending Engineer, National Highway Division, Road Construction Department, Purnia. 5. The Executive Engineer, National Highway Division, Road Construction Department, Purnia … Respondents ----------- For the Petitioner : Mr. Parshuram Singh, Advocate For the Respondents: A.C. to A.A.G. 10 -------- 03/ 28.07.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for directing respondents to make payment of the amounts due with interest for the contractual works of repair of the damaged portion of the National Highway Nos. 107 and 31 as per agreement no. 22 F2 Year 2006-07, agreement no. 38 F2 Year 2006-07, agreement no. 39 F2 Year 2006-07, agreement no. 15 F2 Year 2005-06 and agreement no. 50 F2 Year 2005-06 and for other ancillary reliefs. 3. No counter affidavit has been filed by the respondents till the date, but learned counsel for the respondents produced a letter dated 31.03.2010 sent by the Engineer-in-Chief to the Chief Engineer of the Department, in which Rs.16,01,942.00 is shown to have been approved for payment to the petitioner. 2 4. However, learned counsel for the petitioner submits that no such payment has been made. He further submits that the said payment is only part of the amounts due, but even that amount has not been paid to him so far. 5. Considering the entire facts and circumstances of the case, this writ petition is disposed of with a liberty to the petitioner to approach the Executive Engineer, National High Way, Road Construction Department, Purnia (respondent no. 5) by filing an application giving details of his claim and also annexing copies of the various communications amongst the authorities, which prove the admission of the dues claimed by the petitioner. If such an application is filed by the petitioner along with a copy of this order within fifteen days from today, the said authority shall consider the same in accordance with law as well as in accordance with various communications amongst the authorities concerned and materials on record and shall decide it by a speaking order within four months thereafter and if any amount or interest is found admitted and payable, the same should be paid to the petitioner immediately thereafter. However, if any amount or interest is not found to be admitted or payable in the said order, the petitioners will be at liberty to challenge the same before an appropriate forum. MPS/ ( S. N. Hussain, J. )