JUDGMENT :

CHAKRADHARI SHARAN SINGH, J.

The petitioner claims to be a Private Limited Company registered as a Class-I Civil Contractor under the State Government of Bihar. This writ application has been filed through its Director seeking a direction to the respondents to pay to it an admitted amount of a sum of Rs. 7,76,88,398=00 for the work done by it pursuant to an agreement bearing No. 1S.T.B./2007-08.

2. It is the petitioner’s case that the claimed amount could not be paid by the respondents on the ground of non-allotment (paucity) of funds. In view of the petitioner’s definite claim in the writ petition that the amount is admitted and has not been paid because of non-availability of fund, this Court had passed following order in this case on 22.01.2022 :-

“Considering the nature of dispute, which is being raised nearly 13 years after the petitioner is said to have completed the work in question and the stand taken on behalf of the respondents in the counter affidavit, it is considered desirable to direct respondent No. 2 to file a supplementary counter affidavit. The affidavit must be sworn by the Principal Secretary, Water Resources Department, Government of Bihar himself.

For th