IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8068 of 2005 ASHOK KUMAR son of Shri Prayag Narayan, at and post office: Sarwahadi, Police Station: Manpur, District: Nalanda. ………………. Petitioner. Versus 1. THE STATE OF BIHAR through the Secretary, Rural Engineering Organization (R.E.O.), Gramine Vikas Bhibhag, “Vishweshwerraiya Bhawan” Bailey Road, Patna. 2. The Engineer-in-Chief-Cum-Additional Commissioner Rural Engineering Organization(R.E.O.),” Vishwashwarraiya Bhawan”, Bailey Road, Patna. 3. The Chief Engineer(Section-1), R.E.O. ”Bishwashwarraiya Bhawan”, Bailey Raod, Patna. 4. The Superintending Engineer (S.E.), R.E.O. Rajvanshi Nagar, Road No.1, Patna. 5. The Executive Engineer, R.E.O., D.M. Colony, Biharshariff (Nalanda). ……………………… Respondents ----------- 3 08.05.2009 The petitioner has filed this writ petition on 4.07.2005 (almost four years back) for payment of his third and final bill of about Rs. 42,839/-which bill was prepared as far back as in 1991 but was not paid because of lack of allocation of funds. The bill so prepared as Annexure-1 to the writ application bears the signature of Government officials recommended payment even though the writ petition has been pending for four years and has been adjourned. Neither any instruction has been given to the learned State counsel nor any counter affidavit filed. In absence of any counter affidavit, one has to accept the statements in the writ petition as 2 controverted. The third and final bill of Agreement No. 4F2 of 1989-90 for construction of metal deep in 2nd kilometer in Asthawan- Desna Road in District of Nalanda has to be accepted, this is a document of the State itself. If the bill has so been approved petitioner is entitled to payment thereof. I therefore, direct the respondent-Executive Engineer, Rural Engineer Organization (now Rural Works Department) D.M. Colony, Biharshariff (Nalanda) who ensure that the payment of the aforesaid bill be made to the petitioner within two months from the date of production of a copy of this order failing which the petitioner would be entitled to interest at the rate of 6% per annum from the date the amount was due till the date the amount is paid. With the above direction this writ application is disposed of. Bibhash (Navaniti Prasad Singh, J.)