IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15853 of 2006 BINAY KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 5 12.4.2010 Counsel for the State was granted time to file counter affidavit for the first time on 21.8.2007. Since then more than three years have elapsed but no counter affidavit has been filed. The Court also granted two further indulgences i.e. on 22.2.2010 and 23.3.2010 in this regard but no counter affidavit has been filed till date. Reason for filing the present writ application is non-payment of certain dues amount for the work of repairing and construction in relation to Agreement No. 60 F2/2005-06. The work in question was for repair and construction of A.D.J. residence two units Fort Area Munger. The petitioner has brought on record certain evidence in support of the agreement and the work done by him but the requisite payment has not been made for all these years. In absence of the stand of the State though sufficient time was granted for filing the counter affidavit, the Court is left with no option but to dispose of the this writ application with a direction to the Executive Engineer, Building Division, Munger that he shall examine the agreement and the bill raised therein and ensure that the payment is made to the petitioner on the admitted dues within a period of three months from the date of communication or production of a copy of this order. If - 2 - necessary approval of the higher authority is required it should be obtained in the same time frame which also includes the release of the fund. This writ application stands disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)