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2025 DAILYLAW 31499 (JHR)

NASIM AKHTAR v. THE STATE OF JHARKHAND THROUGH THE PRINCIPAL SECRETARY, MINOR IRRIGATION DEPARTMENT,

WPC/1680/2025 · 2025-07-01

Gautam Kumar Choudhary

body2025

Judgment text

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2025:JHHC:17349 IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 1680 of 2025 ----- Nasim Akhtar, S/o Sakhawat Ali, R/o Star Colony, Palmerganj, Ward No. 14, P.O. & P.S.-Lohardaga, Dist.-Lohardaga, Jharkhand … …. Petitioner Versus 1. The State of Jharkhand through the Principal Secretary Minor Irrigation Department, having its office at Nepal House, Doranda, P.O. & P.S.- Doranda, Dist.-Ranchi 2. The Chief Engineer, Minor Irrigation Department, Govt. of Jharkhand, having its office at Engineering Building, Infront of old Ranchi Nagar Nigam, near Kutchhury, P.O.-G.P.O Ranchi, P.S.-Kotwali, Dist.-Ranchi, Jharkhand 3. The Executive Engineer, Minor Irrigation Division, Lohardaga, Govt. of Jharkhand, P.O. & P.S.-Lohardaga, Dist.-Lohardaga, Jharkhand 4. The Deputy Commissioner, Lohardaga, P.O. & P.S.-Lohardaga, Dist.- Lohardaga, Jharkhand 5. The Deputy Development Commissioner, Lohardaga, P.O. & P.S.- Lohardaga, Dist.-Lohardaga, Jharkhand … …. Respondents ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioner : Mr. N.K.P. Sinha, Advocate Md. Salahuddin Ansari, Advocate For the State : Mr. Mohan Kr. Dubey, AC to AG ----- 04 / Dated : 01.07.2025 1. The instant writ petition has been filed under Article 226 of the Constitution of India for direction upon the respondents to pay Rs.22,33,985.22 against the work allotted to the petitioner for construction of Arahansa Pond under Amrit Sarover, at village Arahansa, Block Senha, District Lohardaga vide Agreement No.-9F2 /2022-23. 2. Heard learned counsel for both the parties and perused the counter affidavit filed on behalf of the respondents-State. 3. From the pleadings of the parties, the admitted position which emerges is that the petitioner has completed the work as per work agreement and the final bill was drawn which is apparent from entry dated 07.12.2022 in the measurement book dated 11.11.2022 (Annexure-2). 4. It is argued by learned counsel for the State that the execution of work is not in dispute but the bill was held up in view of the report of the Sub 2025:JHHC:17349 2 Divisional Officer to the Deputy Development Commissioner, Lohardaga dated 29.08.2022 (Annexure-C) wherein it has been stated that the work was allotted to the petitioner even though he was L-5 and lower quotations were not accepted of L-1 to L-4. 5. This Court is of the view that after the work has already been allotted and work agreement has been signed and the same has been executed, the question of allotment cannot be raised to deny the admitted dues as per the executed work. 6. Under the circumstance, respondent no. 4 – Deputy Commissioner, Lohardaga is directed to look into the matter and make final payment of the bill as per PWD Code and work agreement within a period of four weeks from the date of receipt/production of a copy of this order. With the aforesaid directions, this writ petition stands disposed of. Pending I.A., if any, also stands disposed of. (Gautam Kumar Choudhary, J.) AKT/Satendra