IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20089 of 2010 AMAR NATH SARAN, SON OF LATE RAM NARAYAN SHARAN, RESIDENT OF A/95 HOUSING COLONY, KANKARBAGH, P.O. & P.S. KANKARBAGH, DISTRICT PATNA-800020 ……….PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH COMMISSIONER-CUM- SECRETARY, ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 2. EXECUTIVE ENGINEER, ROAD CONSTRUCTION DEPARTMENT VAISHALI ROAD DIVISION, HAZIPUR 3. EXECUTIVE ENGINEEER (MECHANICAL) NATIONAL HIGHWAY (MECHANICAL) PLANNING DIVISION, ROAD CONSTRUCTION DEPARTMENT, PATNA. ……RESPONDENTS. For the petitioner : Mr. Mrigank Mauli, Advocate. For the respondents : Mr. Saroj Kumar Sharma, A.C. to A.A.G.-XI ----------- 02/ 14.12.2010 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed for a direction to the respondents authorities to pay the petitioner an amount of Rs.30,00000.00 against the work carried out by him under Agreement No.6 F2 of 2004-05 for Special Repair of Mahua,-Tajpur Road in K.M. 14, 15(P), 17(P), 18(P), 19, 22 & 23 and also to refund an amount of Rs.5,03,500.00 as security money deposited in the Form of N.S.C. at the time of execution of the agreement as well as subsequent security deposit of Rs.2,42,769.00 with interest and for other ancillary reliefs. 3. Learned counsel for the petitioner submits that he had moved the authority concerned, namely the Commissioner-cum- Secretary, Road Construction Department, Bihar on 22.02.2007, but the representation has not been considered as yet. - 2 - 4. In the facts and circumstances of the case, this writ petition is disposed of with a liberty to the petitioner to file a fresh representation in continuation of the earlier representation before the Commissioner-cum-Secretary of Road Construction Department, Government of Bihar within fifteen days from today along with a copy of this order. If such a representation is filed before the said authority, he shall decide the same within two months thereafter and in the meantime, if required, he may resort to any enquiry. However, if any amount is found to be due and payable to the petitioner that should be paid to him within one month thereafter. Harish (S.N. Hussain, J.)