IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9072 of 2005 Subhash Rani wife of Sri Madan Mohan Ghai, Resident of mohalla Nayatola, P.S. Kazi Mohammadpur, District Muzaffarpur…………………………………..Petitioner. Versus 1. The State Of Bihar 2. The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering Department, Government of Bihar, Patna 3. The Zonal Chief Engineer, Public Health Engineering Department, Muzaffarpur. 4. The Superintending Engineer, Public Health Engineering, Darbhanga Circle, Darbhanga. 5. The Executive Engineer, Public Health Division, Madhubani. 6. The Sub-Divisional Officer, Public Health Sub-Division, Madhubani………………………………Respondents. For the petitioner : M/s B.N.P. Singh and Binod Kumar Sinha, Advocates. For the respondents : Mr. Shashi Shekhar Pd.Sinha,AC to GP-17 ----------- 03/ 28.06.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for directing the respondents to pay Rs.97,000.00 to the petitioner as the petitioner has completed the work of construction (drilling, sinking etc.) of Tube Well in Madhubani Town vide Agreement No.F2-121 of 1990-91 as per the work order vide letter dated 18.03.1991 with interest and for other ancillary reliefs. 3. Learned counsel for the petitioner submits that the Executive Engineer considered the matter in detail and sent his proposal vide letter dated 28.05.1994 (Annexure-F) to the Superintending Engineer recommending for payment after deducting 40 per cent of the charge and fixing the rate on which the payment has to be made. He further submits that the - 2 - said proposal was approved by the Superintending Engineer vide his letter dated 30.05.1994 (Annexure-4) deducting 50 per cent of the soling work charge, but in spite of that the amount approved has not been paid to the petitioner. 4. On the other hand, learned counsel for the respondents submits that the amount claimed by the petitioner is not admitted and cannot be paid to the petitioner because the work done by the petitioner was not found satisfactory. 5. Considering the averments made by learned counsel for the parties and materials on record, this writ petition is disposed of with a liberty to the petitioner to approach the Superintending Engineer, Public Health Engineering, Darbhanga Circle, Darbhanga (respondent no.4) raising her claims with respect to the amount claimed and interest thereupon. If such an application is filed by the petitioner within 15 days from today along with a copy of this order, the said authority shall decide the same in accordance with law by a speaking order within two months thereafter. If any amount or interest is found admitted and payable, the same should be paid to the petitioner immediately thereafter. If any amount or interest is not found admitted and payable in the said order, the petitioner will be at liberty to challenge the same before an appropriate forum. Harish (S.N. Hussain, J.)