IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10163 of 2011 M/S SUNNY ENGINEERING WORKS THROUGH ITS MANAGING PARTNER, RAKESH KUMAR, SON OF LATE DINESHWAR PRASAD SHARMA, R/O VILLAGE AMHARAR, P.S. BIHTA, DISTRICT PATNA…………………………….PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY, OLD SECRETARIAT, PATNA. 2. THE PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, SINCHAI BHAWAN, OLD SECRETARIAT, PATNA. 3. THE ENGINEER-IN-CHIEF, WATER RESOURCES DEPARTMENT, SINCHAI BHAWAN, OLD SECRETARIAT, PATNA. 4. THE CHIEF ENGINEER, WATER RESOURCES (IRRIGATION) DEPARTMENT, ANISHABAD, PATNA. 5. THE SUPERINTENDING ENGINEER, PUNPUN FLOOD SAVING DIVISION, PATNA. 6. THE EXECUTIVE ENGINEER, FLOOD CONTROL DIVISION, MOKAMA, SHIVIR BAKHTIYARPUR, DISTRICT PATNA……………………………….….RESPONDENTS. For the petitioner : Mr. Chandra Shekhar, Sr. Advocate with Mr. L.B. Singh, Advocate. For the respondents : Mr. Atul Kumar, AC to AAG-14 ----------- 03/ 22.07.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs: (i) For commanding the respondents to immediately pay the admitted due to the petitioner in connection with the construction work of raising & strengthening of Koilama Sirsi Barah Zamindari Bandh and Construction of Structure of Hume Pipe Regulater (more than one) amounting to Rs.6,11,779/-. (ii) For a direction to the respondents to pass the final bill as per agreement and refund the security deposit. (iii) For a further direction to pay interest @ 18 % annum from the date of completion of the work till the actual payment. - 2 - (iv) For a direction to the respondents for payment of exemplary cost for compelling the petitioner for unwarranted litigation. (v) For a direction to fix accountability for delaying the payment and disposal of the final bill. (vi) For any other relief(s) or consequential relief(s) to which the petitioner may be found entitled to in the facts and circumstances of this case. 3. Considering the averments made by learned counsel for the parties as well as the materials on record, this writ petition is disposed of with a liberty to the petitioner to approach the Executive Engineer, Flood Control Division, Mokama Shivir Bakhtiyarpur, Patna (respondent no.6) along with an application giving details of the dues, as learned counsel for the petitioner submits that amount has already been sanctioned. If such an application is filed within 15 days from today, the said authority shall decide the same by a speaking order in accordance with law and the concerned documents and letters of the authorities as well as the agreement within two months thereafter and shall pay all the dues and interest which are admitted and payable immediately thereafter. If any amount or interest is not found admitted and payable in the said order, the petitioner will be at liberty to challenge the same before an appropriate forum. Harish (S.N. Hussain, J.)