Manoj Kumar Agarwal vs State Of Jharkhand And Ors

This writ petition is under Article 226 of the Constitution of India whereby and whereunder the petitioner has sought for direction upon the respondents to release the payment of admitted amount of Rs. 10,61,961.00 with interest for construction of 1000 M.T capacity food grain godown at Kalapathar village within Chakulia block, Jamshedpur, District- East Singhbhum.

It has been submitted by learned counsel for the petitioner that the aforesaid work has been allotted in his favour and after completion of the same the bill has been submitted and the amount has also been admitted, as would appear from letter dated 18.03.2013 issued by Executive Engineer, Building Division, Jamshedpur (Annexure 3) and letter dated 01.02.2014 issued by the same authority (Annexure 4) but in spite of that amount in question has not been disbursed. It has further been submitted that the petitioner has also made several requests vide letter dated 18.09.2013 and 29.10.2013 but till date no payment has been made.

Mr. Ankit Kumar, A.C to learned G.P.IV appearing for the respondents has submitted that by going across the annexures appended in the writ petition, the writ petition may be disposed of.

In view thereof, with the consent of learned counsel for the parties, without going into the merit of the case, the writ petition is disposed of giving liberty to the petitioner to submit a fresh representation before respondent no. 2-Secretary, Rural Works Department, Government of Jharkhand, Ranchi giving therein all details about the claim supported by relevant documents, if any, within a period of three weeks from the date of receipt of this order, who upon receipt of such representation shall take a decision by passing a speaking order within a period of eight weeks from the date of such representation.

Needless to say that if the claim amount of the petitioner is found to be payable/admissible, the same shall be disbursed in favour of petitioner within a period of three weeks thereafter. Further, if the amount or part thereof would be disputed, the reason for the same shall be communicated to the petitioner within the same period.

With the aforesaid observations and directions, the writ petition stands disposed of.