IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.11845 of 2005 M/S DHANPAT KUMAR JAIN, A PROPRIETORSHIP FIRM, HAVING ITS OFFICE AT MILL ROAD, P.O., P.S. & DIST. KHAGARIA, THROUGH ITS PROPRIETOR SHRI DHANPAT KUMAR JAIN, SON OF SRI SAMPAT MAL JAIN, RESIDENT OF MILL ROAD, P.O., P.S. & DISTRICT KHAGARIA………………………………………PETITIONER. Versus 1. THE STATE OF BIHAR, DEPARTMENT OF RURAL DEVELOPMENT, BIHAR, PATNA THROUGH ITS COMMISSIONER-CUM-SECRETARY. 2. THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT, BIHAR, PATNA. 3. THE ENGINEER IN-CHIEF CUM ADDITIONAL COMMISISONER – CUM – SPECIAL SECRETARY, RURAL ENGINEERING ORGANIZATION, DEPARTMENT OF RURAL DEVELOPMENT, BIHAR, PATNA. 4. THE SUPERINTENDING ENGINEER, RURAL ENGINEERING ORGANIZATION, SAHARSA. 5. THE EXECUTIVE ENGINEER, RURAL ENGINEERING ORGANIZATION, WORKS DIVISION, KHAGARIA. 6. THE ASSISTANT ENGINEER, RURAL ENGINEERING ORGANIZATION, WORKS SUB DIVISION, MAHESHKHUNT, KHAGARIA……………………………..….RESPONDENTS. For the petitioner : Mr. Akash Chaturvedi, Advocate. For the respondents :Ms. Namrata Mishra, G.P.-17 ---------------------------------- 03/ 04.08.2011 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 issuance of a Writ directing the Respondents to remit the payment of outstanding dues to the petitioner as against the execution of the works contract assigned to the Petitioner vide Agreement No.4F2 of 2000-01 and another Agreement No.7F2 of 2000-01 against which a sum of Rs.1,51,679/- & Rs.79,729/- respectively has been withheld by the Respondents; (ii) For issuance of a Writ directing the Respondents to pay to the Petitioner an interest @ 24% per annum upon the outstanding dues from the date it fell due till - 2 - the date of payment of the entire dues, as aforesaid; and for any other relief(s) for which the Petitioner may legally be found entitled to in the facts & circumstances of the present case. 3. Considering the averments made by learned counsel for the parties and the materials on record, this writ petition is disposed of with a liberty to the petitioner to approach the Executive Engineer, Rural Engineering Organization, Works Division, Khagaria (respondent no.5) along with an application giving details of his claims regarding amounts due and instalment. If such an application is filed within 15 days from today along with a copy of this order, the said authority shall consider the same and shall decide it by a speaking order in accordance with law within four months thereafter. 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 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.)