IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7132 of 2009 MADHUP KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 2 1.7.2009 In the instant writ petition the petitioner prays for a direction to the respondents to pay a sum of Rs.20 lacs which was deducted as work as completed beyond time limit. The petitioner was allotted work order under the Prime Minister Gramin Sadak Yojna for the year 2001-02 for construction of road from Khanua to Sugrihdih as well as from Sheohar to Malibisahi. Apart from this he was to maintain the upkeep of the road constructed for five years. The petitioner submits that the aforesaid amount was deducted presumably on the ground that the work was completed beyond the time schedule and secondly no quality control report was available in the office. He further submits that there is no dispute that he eventually completed the work in the year 2004. He submits that it would appear from Anneuxre-2, a letter no.359 dated 16.3.2009 of the Executive Engineer, Rural Works Department, that as the quality control report was not available in the office and as such a sum of Rs.20 lacs has been withheld. It is well settled that the respondent-State has to act fairly even in contractual matter and arbitrary and unreasonable action has been consistently deprecated by the court. Having considered the facts and circumstances of the case, this court is of the view that the petitioner may file a representation - 2 - KHAN raising all his grievances before the respondent no.2, the Principal Secretary, Rural Works Department, Bihar, Patna within three weeks from today who in turn will dispose of the same by a speaking order. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)