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1987 Supreme(Pat) 338

M.P.VARMA, S.H.S.ABIDI
Messrs Rameshwar Pd. Sawar Lal – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the petitioners: Mr. Naresh Kumar Sinha
For the Respondents:M/s R.B. Mahto, Advocate General, and R.N. Prasad, S.C. 4

JUDGMENT

M.P. Varma, J.

The petitioner has invoked the writ jurisdiction of this Court, making a prayer to issue mandamus and to direct the respondent nos. 2 to 5 to be responsive to the cause of the petitioner in making payment of the legal dues for the services rendered by him to the Public Works Department at Hazaribagh Circle.

2. The petitioner took up the work as allotted to him under an agreement no. 11 F 2 of 1963-64 relating to bring improvement to Ramgarh Bhurkunda Patratu Road. On completion of the work the, concerned officials in the Public Works Department made proper checking thereof and on final calculation respondent no. 4, the Superintending Engineer sanctioned the amount of Rs. 7,32,000/- of the bill submitted vide memo no. 978 dated 28.2.1971. As per the Rule of Business, in the Public Works Department, the payment should have been made normally within a month from the date of the sanction order. But after the grant of the sanction, the officials instead of taking up the follow-up action in discharging their liability in making payment, slept over the file and did not make payment till today.

3. The Standing Counsel no. 4 Sri R.N. Prasad on the first date of hearing o





























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