IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17964 of 2022

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M/s Kabbu Khirhar a partnership firm represented by one of its partners

namely Pankaj Kumar Agrawal male aged about 33 years, son of Shiv Kumar

Prasad, resident of Ward No. 1, Shankar Chowk, Dumra, District-Sitamarhi,

Bihar-843301.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2.

The Additional Chief Secretary, Department of Minor Water Resources,

Government of Bihar, Patna.

3.

The Superintending Engineer (Headquarters), Department of Minor Water

Resources, Government of Bihar, Patna.

4.

The Chief Engineer, Department of Minor Water Resources, Government of

Bihar, Muzaffarpur.

5.

The Superintending Engineer, Department of Minor Water Resources, Minor

Irrigation Circle, Muzaffarpur

6.

The Executive Engineer, Department of Minor Water Resources, Irrigation

Division, Sitamarhi

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

M/s Gautam Kumar Kejriwal

Alok Kumar Jha

Mukund Kumar, Advocates

For the Respondent/s

:

Mr. Ajit Kumar ( GA 9 )

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 30-01-2023

Heard learned counsel for the parties.

The petitioner has prayed for the following relief(s):-

“(a) For issuance of a writ in the nature of

mandamus directing the respondents to release

payment of the admitted dues against Agreement

Number 05 F2/2019-20 at the earliest which has

Patna High Court CWJC No.17964 of 2022 dt.30-01-2023

2/11

been accepted by the respondent number 6 in the

letter bearing reference number 829/Sitamari

dated 19.05.2022 and allotment of fund has been

requested by him from the respondent number 3;

(b) For further issuance of a writ or order or

direction upon the respondents to pay adequate

interest to the petitioner on account of illegal,

unreasonable and arbitrary withholding of the

admitted dues of the petitioner despite the bill

for such payment been prepared by the

respondent number 6 and request for allotment

of fund has been made from higher authorities in

the Department as the petitioner has been issued

even completion certificate declaring

satisfactory completion of the whole work under

agreement well within the specified date of

completion;

(c) For holding and a declaration that it is

unreasonable, arbitrary and unfair on part of the

respondents in sitting tight over the

representation with legitimate grievance

submitted by the petitioner on 26.04.2022

without any rhyme and reason and also in

violation of Clause 4 B of the State Litigation

Policy, Bihar;

(d) For grant of any other relief or reliefs to

which the petitioner is found entitled to in the

facts and circumstances of this case.”

Learned counsel for the petitioner prays that the

instant petition be disposed of exactly in the same terms as

contained in judgment dated 14.09.2022 passed by this Court in

Patna High Court CWJC No.17964 of 2022 dt.30-01-2023

3/11

CWJC No.13024 of 2022, titled as M/s. Raghoji House of

Distribution Vs. The State of Bihar & Ors.

No objection to such prayer being allowed.

In the instant case, allegedly, petitioner is not being

paid the admitted dues against Agreement No. 05 F2/2019-20

submitted by him by the respondents together with interest

thereon.

Petitioner made repeated requests to the authorities

concerned.

There is no response to the petitioner’s request.

The dispute still survives and petitioner's request for

clearance of dues remains pending.

Well, without going into the merits of the issues, on

all counts, the dispute could have been resolved in terms of the

Bihar State Litigation Policy, 2011.

In M/s. R