Non-payment of outstanding amount for construction work due to respondent's inaction and administrative collapse

1. This writ petition has been preferred with the prayer to issue an appropriate direction to the respondents to pay a sum of Rs. 34,505/- with interest for having executed a civil contract.

2. The petitioner was allotted a contract by the respondent authorities for construction of the college building of KSS College, Lakhisarai, which is a constituent college of Tilka Manjhi Bhagalpur University, Bhagalpur. As is manifest from paragraph 4 of the counter affidavit of the respondents, the petitioner could not complete the work for reasons entirely attributable to the respondents. The relevant portion of paragraph 4 of the counter affidavit is set out hereinbelow for the facility of quick reference :

"........In the meantime in August, 94 the petitioner gave in writing that he is incapable to do the work because the College did not pay the bills and supply the materials such as cement, rods etc. in time, which was considered by the College Development Committee and it took a decision to get the work stopped and take up the remaining work departmentally......"

The petitioner raised his bill, a major portion of which had been paid, and a sum of Rs. 48,505/- remained to be paid, out of which a sum of Rs. 14,000/- was paid by cheque dated 9.12.96 (Annexure II-A). The balance sum of Rs. 34,505/- has not so far been paid to the petitioner in spite of persistent efforts. Hence the writ petition.

3. Heard Mr. R.K.P. Singh, for the petitioner, and Mr. Anil Singh for resident nos. 1 and 2. This case resedent. very unhappy picture of complete inaction and administrative collapse on the part of the respondents. It is obvious that the petitioner could not complete the work for reasons entirely attributable to the respondents. The petitioner had completed the work way back in August, 1994, and the aforesaid sum of Rs. 48,505/- became payable to him soon thereafter. I should suppose two months would suffice for verification of the work done, and passing the bills for payment. Out of the said sum of Rs. 48,505/- as stated above, a mere sum of Rs. 14,000/- was paid by cheque dated 9.12.96. This leads to two conclusions firstly, that the bills had been passed for final payment and no explanation has been offered by the respondents as to why the full payment was not paid on 9.12.96. Secondly, no effort has been made to make the balance payment till date, In that view of the matter, this writ petition has to be allowed.

4. Respondent no. 2 (the Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur) is hereby directed to pay the interest @ 11% on the sum of Rs. 14,000/- from 1.10.94 till 9.12.96. He is also directed to release the balance amount of Rs. 34,505/- with interest @ 18% with effect from 1.10.94 till the date of payment. Cost of this writ petition is quantified at Rs. 15,000/-. The entire payment shall be made within a period of two months from the date of receipt/production of a copy of this order. All payments should be made in one instalment. Respondent no. 2 shall ensure full compliance of the order of this Court.

5. This writ petition is allowed with the aforesaid directions.