IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14489 of 2023

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M/s Narsingh Construction Gangjala Saharsa, through its Partner Pratap

Kumar Singh, aged about 48 Years, Male Son of Late Jai Mangal Singh,

Resident of Shastri Nagar, Sipahi Tola, Ward No. 3, P.S. K. Hat, District

Purnia, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Road Construction

Department, Government of Bihar, Patna.

2.

The Engineer in Chief, (Works Management), Road Construction

Department, Government of Bihar, Patna.

3.

The Chief Engineer, Simanchal Division, Road Construction Department,

Government of Bihar, Patna.

4.

The Superintending Engineer Road Construction Department, Works Circle,

Saharsa, District Saharsa, Bihar.

5.

The Executive Engineer, Road Construction Department, Road Division,

Khagaria, District Khagaria, Bihar.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Prabhat Ranjan, Advocate

For the Respondent/s

:

Mr.Sajid Salim Khan ( Sc 25 )

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

and

HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 16-10-2023

In the instant petition, the petitioner has prayed for

following reliefs:

“(i) Revision of the estimate and Bill

of Quantity in connection with Agreement No.

Patna High Court CWJC No.14489 of 2023 dt.16-10-2023

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02/CMBD/2014-15 wherein admitted dues on

account of defect in the Technical sanction the

quantity of work to be done under the head of

Road marking was incorrectly calculated as

812.70 Meter Sq. in place of 3096 Miter Sq. and

additionally 5% Zebra Cross 154.8 Miter Sq. total

amounting to 3250 Sq.;

(ii) Direction upon the Respondents

to make the payment of the admitted dues of Rs.

17,58,734.00 in connection with the work of

3250.8 Miter sq. of Road marking which has been

completed and for which a requisition has been

send to the Department vide Letter No. 583 dated

10.08.2020; and

(iii) Direction upon the Respondents

Engineer in Chief to take action in terms of the

recommendation by the Chief Engineer for

payment of the amount of the work done by the

petitioner in terms of Letter No. 844 dated

30.07.2022.”

3. In support of the petitioner’s monetary claim, he

is relying on Annexure-P/5, dated 10.08.2020. Prima facie,

Patna High Court CWJC No.14489 of 2023 dt.16-10-2023

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certain technical issues are involved in the matter in respect of

relief sought by the petitioner. This Court is not expert body so

as to examine grievance of the petitioner & determine monetary

claim, when there is no specific determined amount is to be paid

to the petitioner. Accordingly, the present petition stands

dismissed.

4. The dismissal of the present petition would not

be a hurdle for the petitioner to invoke appropriate remedy,

which is available to him.

manish/-

(P. B. Bajanthri, J)

( Arun Kumar Jha, J)

AFR/NAFR

NAFR

CAV DATE

NA

Uploading Date

18.10.2023

Transmission Date

NA