By the Court.—Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.

2. Prayer in this writ petition is for the issuance of a writ of mandamus directing respondents to make the payment to the petitioner in respect of the work done/completed.

3. Submission is that the petitioner is a registered contractor in Public Works Department, Ballia and completed the work assigned satisfactorily. Submission is that after completion of work in the year 2000, bills were submitted but till date payment has not been made to the petitioner. Record shows that there is no dispute with regard to the work done/completed by the petitioner and the amount so payable to the petitioner has been physically and technically verified and all the bills are passed by the authorities but due to non availability of fund/budget the petitioner is not able to get the amount.

Counter affidavit has been filed by respondent authorities.

4. In the counter affidavit filed by S.P. Srivastava, who is Assistant Engineer in Public Works Department in paragraph Nos. 4 to 8 has accepted the liability for payment to the petitioner for the work done. It has been stated in the counter af