IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 13086 of 2005 Sanjay Kumar, son of Makeshwar Prasad Sharma, Resident of MIG Colony 366, P S - Kankarbagh, PO - Lohianagar, Patna - 20 - Petitioner Versus 1 The State of Bihar through Secretary-cum-Commissioner, Rural Development and Panchayati Raj, Vishweshwaraiya Bhawan, Patna - 1 2 Superintending Engineer, REO, Patna Circle, Patna 3 The Executive Engineer, REO, Works Division, Near Lalita Hotel, Boring Road, Patna - 1. - Respondents ----------- 3 19.12.2008 Learned counsel for the State submits that he has just received instructions but has not been able to file supplementary counter affidavit in accordance therewith. The instructions are in the shape of letter No 4313 dated 18.12.2008 of the Executive Engineer, Rural Engineering Organization, Patna Division, Patna. Learned counsel has fairly placed the said communication on record because he has nothing further to add. From the said communication, it is clear that there is no dispute that the work was got done from the petitioner and it related to repair of a public road. It is also stated in that communication that it was got done without proper sanction. It is also stated in that letter that the liability of the State is to the extent of Rs 97,938/- which would be paid as soon as fund allocation is made. Having heard the parties, in my view, no useful purpose would be served by keeping the writ petition pending in view of what is stated in the said communication. From the said communication, it stands admitted that work of public nature for public benefit was duly performed by the petitioner though the procedure for giving the work was not appropriate. Petitioner cannot be blamed for that because the 2 procedure is a matter intra-departmental with which petitioner has nothing to do. Once it is admitted that work of public nature was done and is quantified to the extent of Rs 97,938/- then the State cannot shirk its responsibility to compensate the petitioner. State cannot be permitted to take technical pleas to avoid its liability in the matter. State must do what is just and fair. I, accordingly, direct the respondent-Superintending Engineer and the Executive Engineer to ensure that payments are made to the petitioner within two months from the day when the order of this Court is produced before the respondent-Superintending Engineer concerned. The writ application, accordingly, stands disposed of. M.E.H./ (Navaniti Prasad Singh)