2025:JHHC:22937-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.6240 of 2022 ----- Rakesh Kumar Mishra, son of Nagesh Mishra, resident of New Colony, Bara Nimdih, P.O. & P.S. Chaibasa, District-West Singhbhum at Chaibasa. .......... Petitioner. -Versus- 1. The State of Jharkhand through the Chief Secretary, Government of Jharkhand, First Floor, Project Building, P.O. & P.S. Dhurwa, District-Ranchi, Jharkhand. 2. The Additional Chief Secretary, Health, Medical Education and Family Welfare Department, Government of Jharkhand, Room No.104, Nepal House, Doranda, P.O. & P.S. Doranda, District- Ranchi, Jharkhand. 3. The Manager-cum-Executive Engineer, Jharkhand State Building Construction Corporation Limited, Project Implementation Unit, Chaibasa/Seraikella, District West Singhbhum at Chaibasa. 4. The Executive Engineer, Building Construction Department, Building Division, Seraikella-Kharsawan. .......... Respondents. ----- CORAM : HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Anjani Kumar, Advocate For the State : A.C. to S.C. (L&C)-I For the Res. No.3 : Mrs. Khalida Haya Rashmi, Advocate ----- Order No.06 Date: 11.08.2025 1. The instant writ petition has been filed for issuance of direction upon the respondents to pay and release the security deposit amount (5% of agreement value), in all four building projects, which has illegally been withheld by the respondents. 2. It has been specifically admitted by the respondent no.3 in paragraph no.7 of the counter affidavit dated 18th June, 2024 as under : “7. That at the very outset it is stated and submitted that the works which was allotted to the petitioner are as follows: i. Construction of Health Sub-Center at Rani within West Saraikella-Kharsawan District vide agreement No. F2 134/2013-14 and agreement value is Rs. 22,80,125/-. The work was handed over to concerned authority on 05.10.2015. ii. Construction of Health Sub-Center at Kitadih within West Saraikella-Kharsawan District vide agreement No.Sl. No. F2 130/2013-14 and agreement value is Rs. 22,80,125/-The 2025:JHHC:22937-DB 2 work was handed over to concerned authority on 10.02.2016. iii. Construction of Rajkiya Homeopathic Aushdalya Building at Rajnagar within West Saraikella-Kharsawan District vide agreement No. F2/2014-15 and agreement value is Rs. 24,99,400/-. The work was handed over to concerned authority on 10.02.2016. iv. Construction of Rajkiya Homeopathic Aushdalya Building at Briham Kutumb Rajnagar within West Saraikella-Kharsawan District vide agreement No. 24F2/2015-16 and agreement value is Rs. 26,31,928/-. The work was handed over to concerned authority on 10.02.2016. That all the works allotted to the petitioner are prior to the creation of Jharkhand State Building Construction Limited.” 3. However, the third respondent even after admitting that the works in question have been successfully executed by the petitioner is not ready to pay the amount on the ground that these works have been done before the creation of Jharkhand State Building Construction Corporation Limited and the bills were raised before the Department of Health, Medical Education and Family Welfare, Government of Jharkhand (the respondent no.2). On the other hand, the respondent no.2 has filed its separate reply wherein it has been averred that the amount in question is required to be paid by the Jharkhand State Building Construction Corporation Limited. 4. Clearly, this is a classical case, where the respondents have indulged in a blame game leaving the petitioner in the lurch. 5. In the given facts and circumstances, we direct the Chief Secretary, Government of Jharkhand to call for a meeting of Department of Health, Medical Education and Family Welfare, Government of Jharkhand, Department of Building Construction, Government of Jharkhand as well as Jharkhand State Building Construction Corporation Limited and to resolve the issue within a period of four weeks from today and also to ensure that the 2025:JHHC:22937-DB 3 amount in question has been paid to the petitioner, failing which the amount shall carry 6% interest from the due date till the same is paid. 6. The writ petition is, accordingly, disposed of. (Tarlok Singh Chauhan, C.J.) (Rajesh Shankar, J.) Sanjay/Rohit