IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17309 of 2009 M/S BANSIDHAR CONSTRUCTION PVT LTD Versus THE STATE OF BIHAR & ORS ----------- 2 14.12.2009 Heard learned Senior counsel for the petitioner and learned counsel for the State. The reason for filing the present writ application is that the respondent in question i.e. respondent no.4, the Executive Engineer, Sahabad Road Division, Ara is not responding to the request and claim of the petitioner to go for a revised estimate of the work in question because of enhancement of rate/price both under labour and material heads. Reliance is being placed at Clause 10 C of the general clause of the contract. In support of such a claim the basis as well as the supporting materials filed before the Executive Engineer has brought on record as annexure- 8. It is dated 19.10.2009. It is submitted that due to delay in decision making process on the claim of the petitioner he is suffering a lot financially after the execution of the contract. Submission is made that an early decision is required in the matter. The Court is of the opinion that no purpose will be served by keeping the matter pending awaiting the counter affidavit. A decision will have to be first taken by the respondents on the claim of the petitioner. This writ application is disposed of with a direction upon respondent no.4 to take a decision if necessary by - 2 - approaching the competent authority with regard to annexure-8 at the earliest. The petitioner should be communicated about the out come of the decision preferably within a period of six weeks from the date of communication or production of a copy of this order. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi, J.)