IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4483 of 2010 1. BRAJENDRA KUMAR S/O SRI KARYA NAND SINGH R/O VILLAGE & P.O. - BARA, P.S. CHANDRADEEP, DISTT.- JAMUI, PROPRIETOR OF M/S OM CONSTRUCTION AT PRESENT HAVING ITS HEAD OFFICE C/O SRI B.K. SHARMA, RAM PRATAP BHAWAN, NEAR TELEPHONE TOWER, NORTH MANDIRI, P.S.- BUDHA COLONY, TOWN & DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY WATER RESOURCES DEPARTMENT (W.R.D.), GOVERNMENT OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY WATER RESOURCES DEPARTMENT (W.R.D.), GOVERNMENT OF BIHAR, PATNA 3. THE ENGINEER-IN-CHIEF (NORTH) WATER RESOURCES DEPARTMENT (W.R.D.), GOVERNMENT OF BIHAR, PATNA 4. THE CHIEF ENGINEER WATER RESOURCES (IRRIGATION) DEPARTMENT, ANISHABAD, PATNA 5. THE SUPERINTENDING ENGINEER (FLOOD MONITORING) WATER RESOURCES DEPARTMENT, SICHAI BHAWAN, PATNA-2 6. THE SUPERINTENDING ENGINEER PUNPUN FLOOD PROTECTION CIRCLE, ANISHABAD, PATNA-2 7. THE EXECUTIVE ENGINEER PUNPUN FLOOD PROTECTION DIVISION, PATNACITY, KARBIGAHIYA, PATNA-2 8. THE ASSISTANT ENGINEER PUNPUN FLOOD PROTECTION SUB-DIVISION NO.-2, PATNACITY AT KARBIGAHIYA, PATNA ----------- 4 04/05/2010 The Court directs the Principal Secretary, Water Resources Department, Government of Bihar, Patna to ensure - 2 - that a sum of Rs.2,98,400/- is paid to the petitioner within six weeks from today. As per the admitted position, as stated in the writ application there is no dispute with regard to the work. To that extent this fact also stands certified by the Flying Squad and the verification made on the spot. So far as the balance amount claimed by the petitioner is concerned, the Court directs the Principal Secretary, Water Resources Department (respondent no. 2) to look into the matter personally because certain allegations are made by the petitioner against the Executive Engineer, Punpun Flood Protection Division, Patna City that the settlement of the claim is not being made due to extraneous consideration. If that be so the Court takes a serious view of the matter and the Principal Secretary, Water Resources Department, Govt. of Bihar, Patna has responsibility to make an enquiry in this regard and shall render his opinion within a period of three months from today on the balance claim of the petitioner. If it is found payable, steps should be taken for payment. If it is disputed for a legal reason, then the reason thereof will be informed to the petitioner so that he can take - 3 - remedial measure in this regard. This writ application is disposed of with the above observation. AMIN (Ajay Kumar Tripathi, J.)