IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13503 of 2008 ABDUS SALAM son of late Abdul Hai, resident of Mohalla Mishriganj, Ward No. 17, P.S. Madhubani Town, District and Town- Madhubani. Versus 1. THE STATE OF BIHAR through Commissioner-cum-Secretary,Welfare Department,Govt. of Biahr,Patna. 2.Director, Scheduled Caste Schedule Tribe Welfare Department, Govt. of Bihar,Patna. 3. Administrator, Bihar State Scheduled Caste Co-operative Development Corporation Ltd., Malyanil Bhawan,Budha Colony,Patna- 1. 4. Managing Director, Bihar State Scheduled Caste Co-operative Development Corporation Ltd., Malyanil Bhawan, Budha Colony,Patna- 1. 5. Shri R.S. Pradhan ,Senior Advocate, Arbitrator, Bihar State Scheduled Caste Co-operative Development Corporation Ltd., Malyanil Bhawan,Budha Colony,Patna-1. 6. Shri Anil Kumar Chaudhary, Executive Officer (Project), Bihar State Scheduled Caste Co-operative Development Corporation Ltd., Malyanil Bhawan, Budha Colony,Patna-1. 7.G.P.Verma, Accounts Officer, Bihar State Scheduled Caste Co- operative Development Corporation Ltd., Malyanil Bhawan, Budha Colony,Patna-1. 8. District Magistrate, Madhubani. 9. The Executive Engineer, Bihar State Scheduled Caste Co- operative Development Corporation Ltd., North Bihar Division,Patna. ----------- For the Petitioner : Mr.Anisur Rahman For the Corporation: Mr. R.S.Pradhan,Sr.Adv. Mr.Rajeev Lochan For the State : Mr. Prabhat Kumar Sharan, A.C. to AAG-11. 3 13.2.2009 The facts are noted , in detail , in earlier order dated 5.12.2008 wherein State was given time to seek instruction and file a counter affidavit. Bihar State Scheduled Caste Co-operative Development Corporation Limited , for whom the work had to be done by the petitioner, had filed a counter affidavit but ,as usual, the State has done nothing in the matter. In my view, there is no point in keeping the writ petition pending. The petitioner had undertaken to construct a 100 bed 2 Hostel for the respondent- Corporation. Payment not being made, petitioner abandoned the work and pursuant to direction of this Court, petitioner resorted to arbitration proceeding. Arbitrators were appointed by the Corporation, who have given their Award in favour of the petitioner for Rs. 4,61,220/- (Annexure 9). Inspite of that Award, being of the year 2007, it is not being paid by either the Corporation or the State between whom letters are being exchanged for sanction of fund. In the counter affidavit filed by the Corporation, Corporation has annexed two letters, the first being of the Under Secretary in the Department of Welfare, Govt. of Bihar, to the Accountant General dated 31.3.1992 by which the amounts have been transferred to Civil deposit and the other is to the Assistant Director, Welfare Department,Patna. This money has been transferred to civil deposit is the money from which the petitioner has to be paid. Now, the only difficulty is an order for release of the money as per the Award for payment to the petitioner.This has to be done by the Welfare Department and once the samd is done ,then payment would be made to the petitioner by the Corporation. In view of these facts, which are not in dispute, I direct the Secretary, Welfare Department, to take immediate steps to honour the Award and direct the release of amount from civil deposit for payment of petitioner’s bill. Such an action should be taken within one month from the date of production of a copy of this order before the Secretary concerned. The Secretary would keep in mind that 31st 3 March, 2009 is fast approaching lest there being no problem again he should hurry in the matter, if there are no such objections in this regard. With these observations and direction, this writ petition is disposed of. SINGH (Navaniti Pd. Singh, J.)