Patna High Court - Orders
Fakhre Alam @ Phakhre Alam vs The Union Of India &Amp; Ors on 18 March, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2845 of 2011
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Fakhre Alam alias Phakhre Alam, son of Tajmul Hussain, resident of
village Chhata, P.O. Chapiya, District Siwan
.... Petitioner
Versus
1. The Union of India through the General Manager, East Central
Railway, Hajipur.
2. The General Manager, East Central Railway, Hajipur.
3. The Divisional Railway Manager, Samastipur Division, ( East
Central Railway), Hajipur.
4. Senior Divisional Engineer-II, Samastipur Division, East Central
Railway, Samastipur.
.... Respondents
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For the Petitioner : M/s Vishwa Nath Singh, Sr. Advocate,
Nagendra Rai & Navin Nikunj,
Advocates.
For the respondents : Mr. Mahesh Prasad, Advocate
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02/ 18.03.2011Heard learned counsel for the petitioner and learned counsel for the respondents. .
2. This writ petition has been filed by the petitioner for a direction to the respondents to make payments to the petitioner with respect to three pending bills to the tune of about Rs.53 lacs and also to make final payments towards the work done in execution of contract agreement no. DRM/TC/66 dated 16.11.2009 and to refund the security money as well as for other ancillary reliefs.
3. Considering the facts and circumstances of the case as well as the materials on record, this writ petition is disposed of with a liberty to the petitioner to approach the Senior Divisional Engineer-II, Samastipur Division, East Central Railway, Samastipur (respondent no. 4), by way of filing an application within fifteen days from today along with a copy of this order raising all his 2 claims with respect to the admitted dues. If such an application is filed within the aforesaid time, the said authority shall decide the same by a speaking order within two months thereafter and shall pay all the admitted dues and interest immediately thereafter. However, if any amount or interest is not found admittedly payable by the said authority, he shall pass a speaking order within the aforesaid period, against which the petitioner shall be at liberty to approach the appropriate forum.
MPS/ ( S. N. Hussain, J. )