IMPORTANT POINT
A writ of mandamus can be issued to enforce payment of dues when work under contract is completed satisfactorily and unpaid despite confirmed completion.

JUDGMENT :

A. ABHISHEK REDDY, J.

1. Heard the learned counsel for the parties.

2. This writ petition has been filed for the following relief(s):-

“That, this application is directed for issuance or appropriate writ in the nature of mandamus any other writ order direction Commanding the respondents to pay the Admitted dues of the petitioner for the work done vide tender Publish in 2022 in Vide work name Construction at driving testing track at Dhanupara in Agreement No. 01F2/2022-2023.

At the very outset it is stated that them petitioner has completed the Construction of driving testing tack, work at Dhanupara, Ara, District-Bhojpur and has completed the Construction and entire premises It is further stated that the petitioner has also completed the assigned the constructed work there for in the premises at Bihar Publish Work Department.”

3. It is the case of the petitioner that pursuant to the notification of the tender, the petitioner has participated in the tender process and the petitioner being the successful bidder the work was allotted to him. Thereafter the petitioner has constructed the driving testing track at Dhanupara, Ara, District- Bhojpur within the stipulated time. That after completion of the work, the petitioner has been paid an amount of Rs. 38 lakhs out of the total contracted amount of Rs. 48,22,736/- and the balance amount of 10,32,000/- is yet to be paid. That the Executive Engineer vide letter no. 1473 dated 21.08.2023 and vide letter no. 1738 dated 05.10.2023 has certified that the work assigned to the petitioner has been completed and the said letters were addressed to the Respondent Nos. 4 and 5. Though the work was completed in the year 2022, the balance amount due to the petitioner is yet to be paid. Learned counsel has, therefore, prayed this Hon’ble Court to allow the present writ petition and direct the respondents to pay the amount due to the petitioner.

4. In the counter affidavit filed by the Respondent No. 3 i.e. Executive Engineer Building Division, Ara at Bhojpur, the factum of the tender being published, the work being entrusted to the petitioner and the completion of the construction as per the timeline fixed in the agreement bearing no. 01F2/2022-2023 has not been denied. The counter affidavit specifically states that the agreement value is of Rs. 48,22,736/- was done by the petitioner and an amount of Rs. 38,00,000/- has already been paid to the petitioner. Further, the factum of the Respondent No. 3 writing letters to the Respondent Nos. 4 and 5 about the completion of the work assigned to the petitioner and for releasing the funds has also not been denied. Further, in the counter affidavit, it is stated that thereafter Chief Engineer (South) vide his letter no. 588 dated 28.02.2024 letter no. 744 dated 13.03.2024, letter no. 867 dated 24.04.2024 and letter no. 1647 dated 21.08.2024 has repeatedly requested the District Transport Officer, Bhojpur, Ara for allotment of funds for making the payment of the balance amount due to the petitioner. That Executive Engineer Ara has once again vide his letter no. 915 dated 03.07.2024 and Letter No. 1115 dated 02.09.2024 requested the allotment of funds from District Transport officer, Bhojpur, Ara (Respondent No. 5). That in this regard, Secretary, Transport Department has also been requested by Letter No. 8156 dated 08.10.2024 to provide the allotment of necessary funds. Thereafter, it is stated that the respondents are awaiting the allotment of funds for making the necessary payments to the petitioner.

5. In the counter affidavit filed by the Respondent No. 5, the authority has not denied about the allotment of the work to the petit