IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3494 of 2010 M/S S.S.CONSTRUCTION THROUGH SHYAM KISHROE RAI S/O LATE JAGDEV RAI, R/O S.S.VILLA BALBHADRAPUR, LAHERIASARAI, PS- LAHERIASARAI,DISTT- DARBHANGA -------------------------------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF RURAL WORKS GOVERNMENT OF BIHAR,PATNA 2. THE EXECUTIVE ENGINEER, RURAL WORKS DEPARMTNET, JHANJHARPUR 3. THE ENGINEER-IN-CHIEF-CUM-ADDITIONAL COMMISSIONER -CUM-SPECIAL SECRETARY, RURAL WORKS DEPARMTNET, PATNA------------------------RESPONDENTS. ----------- 2 25.2.2010 Learned counsel for the petitioner is permitted to add Engineer-in-chief-cum-Additional Commissioner-Cum- Special Secretary, Rural Works Department, Patna as party respondent no.3. Heard learned counsel for the parties. No adjudication is required to be made on the basis of the present writ application since a decision is till to be taken by the competent authority on the claim made by the petitioner in terms of his communication contained in annexure-4 Form a reading of annexure-4 coupled with annexure-5 which is a communication by the Executive Engineer, Road Construction Department, Darbhanga to the Engineer-in- chief-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department, Government of Bihar, the claim of the petitioner and the fact stated in letter no. 30 dated 8.1.2010 does not indicate any common ground. Obviously there is difference of opinion on the kind of work the petitioner has done and the payment which he is entitled to. - 2 - The fact stands that the work in question has already been completed as has been stated by learned counsel representing the petitioner and final settlement will have to be made now after actual measurement and inspection of the site. Looking at the nature of the dispute and the prayer made by the petitioner, this writ application is disposed of with a direction upon the Engineer-in-chief-cum-Special Secretary respondent no. 3 to take cognizance of the application which will be filed by the petitioner i.e. annexure-4 and annexure-5 with a copy of the order passed today in this case and he shall consider the matter and take a decision within a reasonable time. This writ application stands disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)