IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 11534 of 2008 Md Khalil Ansari son of late Abdul Amir Ansari of Village - Simra, PO : Srikant, PS : Pear, Dist : Muzaffarpur - Petitioner Versus 1 The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2 The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna 3 The Joint Secretary, Urban Development and Housing Development, Government of Bihar, Patna 4 District Magistrate, Muzaffarpur 5 Nagar Aayukt, Municipal Corporation, Muzaffarpur 6 Asst Nagar Aayukt, Municipal Corporation, Muzaffarpur 7 The Chief Engineer, Muzaffarpur Regional Development Authority, Muzaffarpur (Now Municipal Corporation) 8 The Executive Engineer, Municipal Corporation, Muzaffarpur - Respondents W I T H CWJC No 11543 of 2008 Indrasan Roy wife of Shiv Shankar Prasad Roy of Mohalla : Chandwara, P S : Muzaffarpur Town, Dist : Muzaffarpur - Petitioner Versus 1 The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2 The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna 3 The Joint Secretary, Urban Development and Housing Development, Government of Bihar, Patna 4 District Magistrate, Muzaffarpur 5 Nagar Aayukt, Municipal Corporation, Muzaffarpur 6 Addl Nagar Aayukt, Municipal Corporation, Muzaffarpur 7 The Chief Engineer, Muzaffarpur Regional Development Authority, Muzaffarpur (Now Municipal Corporation) 8 The Executive Engineer, Municipal Corporation, Muzaffarpur *** For the petitioners : M/s Nirmal Kumar Sinha-3, Arun Kumar & Nawal Kishore Prasad, Advocates For the S t a t e : M/s G P XVI & G A VI *** 4 27.02.2009 These two writ petitions are similar and are being disposed of at the stage of admission itself with consent of parties. In the first writ petition, the petitioner had executed 7 schemes and in the second writ petition, the petitioner had executed 10 schemes 2 in 2004-2005 under proper orders for the erstwhile Muzaffarpur Regional Development Authority. Some of the schemes were partly worked because no payments were made by the Development Authority towards work already done. Even in respect of works, which were completed, no payments were made. Petitioners have come to this Court for payment in relation thereto. Though a formal counter affidavit has not been filed, learned State Counsel has been instructed by the Muzaffarpur Municipal Corporation which has taken over and succeeded the Muzaffarpur Regional Development Authority that as per orders of the Chief Minister, all schemes executed in the said period are being enquired into and till the matter of enquiry is finalized, payment cannot be made. State may be correct as it has a right to verify work done but at the same time, it must not be forgotten that matters cannot remain pending ad infinitum at the sweet will of the State. Works were completed/executed more than three years back and if State wanted the matter to be enquired into, 3 years was sufficient time. It is submitted on behalf of the State that at first, randomly some schemes were picked up for enquiry by the Vigilance Department and then all schemes are being enquired into. Be that as it may, it is hightime enquiries were concluded and matters brought to an end one way or the other. I direct the respondents including the Commissioners of the Muzaffarpur Municipal Corporation and all other concerned State officials to conclude all enquiries and submit final reports thereof and take a decision with regard to liability to pay within a period of three months from today. 3 Let it be noted that for the work done and to the extent done and admitted by the State, State would be liable to pay irrespective of technicalities as the work done was of public nature and no work is gratuitous. If pursuant to enquiry and decision taken, any payment is due to the petitioner, the same has to be paid within one month of the decision taken within a period of three months, as stipulated above. With this direction and observation, the writ petitions stand disposed of. M.E.H./ (Navaniti Prasad Singh)