Devendra Prasad vs State Of Bihar

Petitioner has prayed for the following relief(s):-

 i) That this is an application for issuance of writ in the nature of Mandamus directing and commanding the respondents authorities to make payment

of the amount Rs. 3,71,919/-claimed by the petitioner in pursuant to work having been completed in term of tender vide agreement No. 022/2011-2012

awarded in favour of the petitioner with statuary interest @ 18%. For issuance of a writ in the nature of the mandamus commanding the respondents

to pay the admitted dues amount of work done Rs. 3,71,919/- aongwith interest moreover the 18%, petitioner has completed the work in question by

arranging the fund from the Sank and market on commercial interest (compounding) @ 16%, hence the petitioner may justifiably required to be paid

the above dues with interest as payed, and after so many request of the petitioner, The Payment has not been done and the completion certificate was

issued the respondents have been sitting idle over the file and not trying to get allotment for the payment against of dues amount the work done by the

petitioner. respondents may not escape from the payment to the petitioner However the with interest for such delay payment after completion of the

work.

ii) For directing the respondents to pay the dues amount with interest within a fortnight from the date of order of the Hon'ble Court taking into

consideration that they are withholding the allotment of Rs. 3,71,919/- with interest, such a huge amount stand dues.

Since the respondents have deliberately not paid the admitted duos, as such they are liable to pay the amount with interest as prayed with minimum

18% interest, which may be just and equitable in the particular circumstances facts and of the case for ands of justice.

iii) For directing the respondents/ state authorities to take cognizance seriously for the payment to the petitioner for which petitioner is entitled under

the agreement.

iv) For granting any others relief/ reliefs for which the petitioner may be found entitled in the eye of law.

After the matter was heard for some time, learned counsel for the petitioner finding the court not to be in favour of the submissions made across the

bar, seeks permission to withdraw the present petition reserving liberty to approach the authority concerned i.e. respondent no. 7 namely The Junior

Engineer, Rural Works Department, Work Division, Benipatti-2, Madhubani, Rahika-Sivir, for highlighting the grievance in accordance with law.

Learned counsel for the State, states that if any such request is made, the same shall be dealt with expeditiously in accordance with law.

Statement is accepted and taken on record.

In view of the same, the present petition stands disposed of reserving liberty to the petitioner to approach the Respondent no. 7 namely The Junior

Engineer, Rural Works Department, Work Division, Benipatti-2, Madhubani, Rahika-Sivir, for redressal of his grievances in accordance with law.

As and when any such request is received from the petitioner, the same shall be dealt with in accordance with law with reasonable dispatch and not

later than three months thereafter.

It is made clear that the concerned authority to take independent decision with regard to admissibility of the petitioner's claim.

We have not expressed any opinion on merits and all issues are left open.

Interlocutory application, if any, shall also stand disposed of.