IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12437 of 2008 BHAGWAN JHA, Sri Pitamber Jha, resident of Village – Mahishi, P S-Mahishi, District – Saharsa. Versus 1. STATE OF BIHAR. 2. The Chief Engineer, National Highway (Sub- division), Road Construction Department, Bihar, Patna. 3. The Executive Engineer, National Highway, Madhepura. ----------- 02. 26.04.2010 It is the stand of the petitioner that he was awarded the work of repairing the road known as NH 106 from Km 20 to Km 30 as per agreement bearing no. 11/F-2 of 2005-06. Work was completed. Bill for payment to the extent of Rs.6,58,174/- was raised but payment not done till date due to paucity of fund etc. No counter affidavit on behalf of the respondents has been filed. There is some indication that request for release of fund has been made to the Chief Engineer but there is no response from him till date. Looking at the nature of the dispute, the writ application is disposed of with a direction upon the Chief Engineer, National Highway (Sub- division), Road Construction Department, Bihar, Patna that while taking cognizance of the claim of the petitioner he shall get the matter examined and pass appropriate order, may be for release of fund or 2 payment to the petitioner within three months from the date of communication / production of a copy of this order, if payment is found due and not paid so far. rkp ( Ajay Kumar Tripathi, J )