IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10829 of 2009 DINESH KUMAR YADAV Versus THE STATE OF BIHAR & ORS ----------- 2 2.9.2009 The petitioner prays for payment of admitted dues amounting to Rs.3,15,375.88 in relation to soil filling carriage work and for reimbursement of Rs.6,76,334/- deducted from the bills of the petitioner by the Road Construction Department under the heading Time Extension Penalty. The petitioner states that under agreement no.12 F2/2006-07 he started work on Alamnagar-Budhma-Mali Chowk Road from K.M. 1 to 16. The estimated cost of the work was Rs.4,03,35,194/-. Thereafter, a revised estimate of the work was also prepared. The petitioner substantially completed the work. However, he could not complete the entire work in time firstly due to breach of Kusaha Bandh which caused havoc and eroded the path ways and secondly the materials were not made available as also the fact that substantial bills were withheld. In support of his contention, he has referred to Annexures- 2, 3 and 6. The Superintending Engineer vide his letter no.748 dated 21.4.2009, contained in Annexure-6, issued a direction for making necessary payment to the petitioner after examining the work itself. He further noted that due to flood the roads were completely damaged. The Executive Engineer also vide its letter dated 10.1.2009 noted that the work has been stopped on account of unforeseen circumstances. 2 KHAN On this basis the petitioner states that no deduction could have been made on account of delayed completion of the work as he was prevented by unforeseen circumstances. Having heard counsel for the parties, this court observes that if the petitioner files a representation before the Engineer-in-Chief, Road Construction Department, Patna, respondent no.2, raising all his grievance, he would dispose of the same in accordance with law preferably within two months from the date of filing of the representation. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)