IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21970 of 2011 Pramod Kumar, son of Sri Davendra Prasad Singh, resident of village Begumpur , P.O. + P.S. + District Nalanda, Pin 803111. … Petitioner Versus 1. The State Of Bihar through the Secretary, Building Construction Department, “Vishweshwaraiya Bhawan”, Bailey Road, Patna-1. 2. The Engineer-in-Chief, Building Construction Department, “Vishweshwaraiya Bhjawan”, Bailey Road, Patna-1. 3. The Chief Engineer (South), Building Construction Department, “Vishweshwaraiya Bhjawan”, Bailey Road, Patna-1. 4. The Superintending Engineer, Patna Building Circle, Rajvanshi Nagar, Patna-23. 5. The Executive Engineer, Building Construction Department, Works Division, D. M. Colony, Biharsharif (Nalanda) … Respondents. . ------------------- For the Petitioner : Mr. Manish Sahay, Advocate For the Respondents : Mr. Indeshwari Pd. Mandal, A.C. to G.A.7 --------------------------------- 02/ 15.12.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs :- (i) For commanding and directing the concerned respondent to pay entire admitted bill amounts i.e. Rs.3,91,932.00 to the petitioner relating to (i)construction of barricading works on the eve of her Excellency President of India Smt. Pratibha Devi Singh Patil on 15.2.2008 at Nalanda (Biharsharif) (Nalanda more to Khandhar) for Rs. 2,65,268.00 and (ii) construction of Helipad and Barricading works on the eve of visit of programme of Chief Minister, Bihar at Nalanda on 26.05.2008 for Rs.1,26,664.00 (total Rs.3,91,932.00). - 2 - ii) For further directing the concerned respondent to pay interest @ Rs.18% per annum for belated period upon the said admitted amount, because, admittedly the work in question has been completed since long back but payment of the same could not be made available to the petitioner as yet. (iii) For passing such an order or orders for which the petitioner is entitled under the law in the facts and circumstances of this case. 3. Learned counsel for the petitioner submits that although the aforesaid amount is, admittedly, payable to the petitioner, but it is not being paid due to lack of fund. 4. Considering the aforesaid facts and circumstances as well as the materials on record, this writ petition is disposed of with a liberty to the petitioner to approach the Engineer-in-Chief, Building Construction Department, Government of Bihar, Patna (respondent no.2) along with an application giving details of his claims with respect to the principal and interest. . If such an application is filed within ten days from today along with a copy of this order, the said authority shall consider the same and if the amount claimed by the petitioner is found admitted and payable, it must be sanctioned and sent to the Executive Engineer, Building Construction Department, Works Division, Biharsharif (Nalanda) (respondent no. 5) for payment to the petitioner within two months thereafter. The Executive Engineer, Building Construction Department is also directed to pay the aforesaid entire amount to the petitioner immediately after receipt of the same. If any amount or interest is not found to be admitted and - 3 - payable, the Engineer-in-Chief must pass a speaking order with respect thereto within the same time and if the petitioner is aggrieved by the said order, he will be at liberty to challenge the same before an appropriate forum. MPS/ (S.N.Hussain, J.)