IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20026 of 2011 Shailesh Kumar, son of Sri Deo Sharan Prasad, resident of village + P.O.- Kachiawan, P.s.-Nagarnausa, District-Nalanda, State-Bihar. …..Petitioner. Versus 1. The State of Bihar through the Principal Secretary, Road Construction Department, “Visheshwaraiya Bhawan,” Bailey Road, Patna-1. 2. The Engineer-in-Chief, Road Construction Department, “Visheshwaraiya Bhawan,” Bailey Road, Patna-1. 3. The Chief Engineer (NH Wing), Road Construction Department, Campus of “Visheshwaraiya Bhawan,” Bailey Road, Patna-1. 4. The Superintending Engineer, Road Construction Department, National Highway (NH) Circle, Patna. 5. The Executive Engineer, National Highway Division no.2, Bihar Sharif (Nalanda). ……Respondents. ----------- For the petitioner : Mr. Manish Sahay, Advocate. For the respondents : Mr. Prakash Kumar, A. C. to G. P. VII. --------- 02/ 22.11.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs:- (I) For commanding and directing the concerned respondent to pay total sum of Rs.2,58,881.00 (Rupees Two lacs fifty eight thousand eight hundred eight one) only to the petitioner immediately, against his bills relates following two works executed under the jurisdiction of the Executive Engineer (i.e. respondent no.5). (i) Repair of cut-off wall & flooring of RCC Culvert 100/1 in KM 100 of NH-82 (Bihar Sharif-Berbigha Section) for the year 2008-09; Bill Value-Rs.99,836.00. (ii) Repair of cut-off wall & flooring of RCC Culvert 102/2 in KM 102 of NH-82 (Bihar Sharif- Berbigha Section) for the year 2008-09; Bill Value-Rs.99,611.00. (iii) Bush cutting, white & colour washing of side trees painting & printing of parapets - 2 - & KM post (KM 38) of NH-82 for the year 2008-9 Bill; value-Rs.59,434.00 (II) For further directing the concerned respondent to pay interest @ 18% per annum to the petitioner upon the aforesaid amount, from due dates and till its realization. (III) For pass such an order or orders for which the petitioner is entitled under the law in the facts and circumstances of this instant case. 3. Considering the facts and circumstances of this case, this writ petition is disposed of with a liberty to the petitioner to approach the Executive Engineer, National Highway Division No.-2, Bihar Sharif (Nalanda) (respondent no.5) along with an application giving the details of the amount claimed by him and interest. If such an application is filed by the petitioner within fifteen days from today along with a copy of this order, the said authority shall consider the same in accordance with law and shall decide it by a speaking order within four months thereafter and if any amount or interest is found admitted and payable, it should be paid to the petitioner immediately thereafter. However, if any amount or interest is not admitted and payable in the said order, the petitioner will be at liberty to challenge the same before an appropriate forum. Sunil (S. N. Hussain, J.