IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.786 of 2008 1. THE STATE OF BIHAR 2. The Commissioner and Secretary, Rural Development Department, Govt. of Bihar, Patna. 3. The Chief Engineer, Rural Engineering Organization, Patna. 4. The Superintending Engineer, Rural Engineering Organization, works Circle Darbhanga. 5. The Executive Engineer, Rural Engineering Organization (W) Division, Madhubani. 6. The Assistant Engineer, Rural Engineering Organization, Sub-Division, Pandaul, District Madhubani. Versus M/S S.S.TRADERS Traders, Birsar, Pandaul, District Madhubani, through its Manager, subodh Kumar Jha S/o Late Sri Krishna Jha, Resident of village Birsar, P.S. Pandaul, District Madhubani. ----------- 5 29.11.2010 The present appeal has been filed against the judgment and order dated 12.3.2008 passed by the learned Single Judge in C.W.J.C. No.14801 of 2006, whereby the prayer of the Respondent-writ petitioner to release the amount of Rs. 2,88,000/-, in respect of work done by him pursuant to F2 Agreement No.15 of 1998-1999 in relation to a work order issued vide memo no.153 dated 10.3.1999 by the appellant’s department, has been allowed. The learned Single Judge while passing the order has observed that no counter affidavit had been filed by the respondents Appellants herein in spite of sufficient opportunities given to them and therefore he had disposed of the writ application on the basis of materials on record. The learned Government pleader appearing for the appellants has submitted that the liability committe had inspected the site and found that lesser stone metal grade-II was used and stone metal grade- II was found 2 only 64 m.m. thick in place of 75 c.m. thick, hence work of stone metal grade-II was found 11 m.m. less in thickness hence the work was not as per the specification of the agreement and therefore the respondent-writ petitioner is not entitled for his claim amount. However, there is no material or liability committee inspection report before this Court to show that any lesser stone metal or thick stone metal were used in the work. In the aforesaid circumstances, we are not inclined to interfere with the order of the learned Single Judge. Accordingly, this L.P.A. is dismissed. Abhay Kumar (T. Meena Kumari, J.) ( Mihir Kumar Jha, J.)