1. Heard learned counsel for the petitioner and learned counsel for the State.

2. Petitioner wants payment of a sum of Rs. 20,23,270/-, the balance amount of the so-called sanctioned claim of the petitioner under the head of escalation price of cement and steel for the contract work in question, which was for construction of 75 bedded Hospital at Rajauli, Nawada. The agreement was entered into on 2.11.2006. The time for completion of the said project was 2.5.2008 but for some reason, not necessary to be noted here, this time was extended by respondents to 31.7.2009. These aspects are not in dispute.

3. After completion of the work petitioner raised bill for payment and he also lodged a claim for due compensation for escalation of price of cement and steel in terms of resolution of the Building Construction Department, Government of Bihar, which is dated 17.7.2008 and is Annexure-2 to the writ application.

4. There is some material to show that the bill presented by the petitioner was acted upon by the subordinate and recommendations have been made but ultimately it came to be rejected at the level of the Chief Engineer on the ground that no escalation of price under the he