IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.189 of 2009 1. M/S PARAS NATH RAI GANESH PRASAD THROUGH ITS PARTNER GANESH PRASAD SON OF LATE SUKH LAL SAH, RESIDENT OF HAJIAPUR ROAD, P.S.-GOPALGANJ, DISTRICT- GOPALGANJ. VERSUS 1. THE STATE OF BIHAR 2. THE COMMISSIONER CUM SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE ENGINEER IN CHIEF (NORTH) WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, WEST CHAMPARAN AT SIWAN, P.S.-SIWAN, DISTRICT- SIWAN. 5. THE SUPERINTENDING ENGINEER, FLOOD CONTROL AND MONITORING DIVISION, PATNA. 6. THE SUPERINTENDING ENGINEER, FLOOD CONTROL CIRCLE, GOPALGANJ, DISTRICT-GOPALGANJ. 7. THE EXECUTIVE ENGINEER, FLOOD CONTROL DIVISION, THAKRAHA, GOPALGANJ, DISTRICT- GOPALGANJ. 8. THE DISTRICT MAGISTRATE, GOPALGANJ, DISTRICT-GOPALGANJ. ----------- 2. 17.05.2010 The petitioner wanted a direction upon the respondents to pay him a sum of Rs.45,048.00 for the completed contract in relation to agreement no.112 F2 99- 2000. This amount was being claimed by the petitioner as the said amount was withheld or not paid. State was directed to file a counter affidavit and explain the situation. The categorical statement made in the counter affidavit is that as per agreement, the schedule date for completion of the work was 31.05.2000. Admittedly, the petitioner completed the work on 1.03.2001 i.e. almost 10 2 months after the schedule period. There is a clause in the agreement which categorically lays down that in case of delay in completion of the work assigned then the respondents are entitled to deduct half percent of the agreement amount per day subject to maximum of 10%. The respondents have only enforced this clause and effected deduction for delayed completion of the work in question. The reasons for non-payment or deduction are cogent and valid and in terms of the agreement. There is no case made out by the petitioner for a direction for payment. In the above-stated circumstances, writ has no merit. It is dismissed. V.K. Pandey (Ajay Kumar Tripathi, J.)