IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5717 of 2011 NATIONAL BUILDING CONSTRUCTION CORPORATION LIMITED, B-6, VIJAY NAGAR, RASBIHARI PATH, RUKUNPURA, THROUGH ITS DEPUTY GENERAL MANAGER. ……PETITIONER. Versus 1. THE STATE OF BIHAR, THROUGH THE SECRETARY, BUILDING CONSTRUCTION DEPARTMENT, VISHWESARIYA BHAWAN, BAILEY ROAD, PATNA. 2. EXECUTIVE ENGINEER, CONSTRUCTION DIV ISION NO. 2, BUILDING CONSTRUCTION DEPARTMENT, PUNAICHAK, PATNA. …..RESPONDENTS. ----------- 03. 16.05.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. The petitioner is an undertaking of the Government of India registered under the Companies Act, 1956 and has filed this writ petition for directing the authorities to pay to the petitioner the entire dues to the extent of contract work performed by him on the basis of the agreement between the parties. 3. Learned counsel for the respondents submits that letter dated 21.09.2005 (Annexure-6) had been issued by the Executive Engineer to the Superintending Engineer asking for proper directions and orders with regard to the said payments. 4. In the said circumstances, this writ petition is disposed of with a liberty to the petitioner to approach the Secretary, Building Construction Department, Vishwesariya Bhawan, Bailey Road Patna (respondent no. 1) along with an application raising all the grounds which are taken in this writ petition. If such an application is filed within 15 days along with 2 a copy of this order, the said authority will consider the entire facts and circumstances as per documents on record and shall decide the matter by a speaking order in accordance with law within two months thereafter. 5. However, any order passed by the respondent authorities shall be subject to the final decision passed by the Sub-Judge, Patna in Money Suit No. 11 of 2009 which has been filed by one Gautam Construction Developers, the contractor of the petitioner company, against the respondents impleading the petitioner as defendant second party. Devendra/ ( S.N. Hussain, J.)