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Patna High Court - Orders

Harihar Prasad Mistry @ Hariha vs The State Of Bihar & Ors on 27 September, 2011

                  IN THE HIGH COURT OF JUDICATURE AT PATNA

                                   CWJC No.15340 of 2005

                     Harihar Prasad Mistry @ Hariha Mistry, son of late Narayan Mistry,
                     resident of Village/Mohalla- Dalelganj, Sagar, P.S.-Sasaram,
                     District-Rohtas.
                                                                           ........Petitioner
                                            Versus
                  1. The State Of Bihar.
                  2. The District Magistrate, Rohtas at Sasaram.
                  3. The Chief Secretary, Old Secretariat, Patna.
                  4. The Executive Officer, Municipality, Sasaram, Rohtas.
                  5. The Junior Engineer Municipality, Sasaram, Rohtas.
                  6. The Executive Engineer, National Rural Employment Programme,
                     Sasaram, Rohtas.
                  7. The Special Officer, Municipality, Sasaram, Rohtas.
                                                                      ........Respondents
                                           -----------

03   27.09.2011

Heard learned counsel for the petitioner and learned counsel for the respondents.

2. This writ petition has been filed by the petitioner for directing the respondents to make payment of the entire dues to the petitioner for the work done by him with interest, as he had completed the works as per different work orders of the authorities.

3. Considering the facts and circumstances of this case as well as the nature of the dues i.e. contractual dues, this writ petition is disposed of with a liberty to the petitioner to approach the Executive Engineer, National Rural Employment Programme, Sasaram, Rohtas (respondent no. 6) along with an application giving details of his dues and interest as claimed. If such an application is filed by the petitioner within four weeks from today along with a copy of this order, the said authority shall decide the same by a speaking order in accordance with law within four months thereafter and if any amount or interest is found 2 to be payable, it should be paid to the petitioner immediately thereafter. However, if any amount or interest is not found payable or admitted in the said order, the petitioner will be at liberty to challenge the same before an appropriate forum.

(S.N. Hussain, J.) Safik