IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10864 of 2007 SAYAID KHABIR HASAN Versus THE STATE OF BIHAR & ORS ----------- 2 22.2.2010 Heard learned counsel for the parties. The writ in question has been filed way back in the year, 2007 by the petitioner seeking direction upon the respondent specially Executive Engineer, Building Division, Muzaffarpur to pay the balance amount of the bill of the petitioner which related to Agreement No. 171F2, 2001-2002 which was for annual and special repairs and providing security shed in the campus of District Judge residence, Muzaffarpur. Petitioner submits that the work was completed. Finally bill was also presented out of which a sum of Rs. 50, 000/- has been paid but the balance amount of Rs. 66,020/- still remains. Today a supplementary affidavit has been filed where the bill passed in favour of the petitioner by the Executive Engineer has been brought on record. There is endorsement at the end of the bill that after deducting the service tax and other amount the petitioner was entitled for payment of Rs. 66,020/-. There is endorsement to pay the balance amount by cheque but no payment has been made to the petitioner. Since no counter affidavit has been filed in the last three years, this writ application is disposed of with a direction upon respondent no.4, the Executive Engineer to take up annexure-2 and bill dated 18.5.2002 and will take steps for payment of these amount to the petitioner by making fund - 2 - available, if necessary within a period of three months from the date of production or communication of a copy of this order if the same has not been paid in the meanwhile. This writ application stand allowed with the above direction. RPS (Ajay Kumar Tripathi,J.)