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2025 DAILYLAW 56573 (PAT)

M/S Royal Borewell Co. v. The State of Bihar

CWJC/10326/2023 · 2025-03-27

A Abhishek Reddy

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10010 of 2023 ====================================================== Md. Sharique Sultan ... ... Petitioner/s Versus The State of Bihar ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 10315 of 2023 ====================================================== Ikon Welfare Society ... ... Petitioner/s Versus The State of Bihar ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 10316 of 2023 ====================================================== M/S Siyaram Construction ... ... Petitioner/s Versus The State of Bihar ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 10326 of 2023 ====================================================== M/S Royal Borewell Co. ... ... Petitioner/s Versus The State of Bihar ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 10333 of 2023 ====================================================== Jugal Yadav ... ... Petitioner/s Versus The State of Bihar Patna High Court CWJC No.10010 of 2023(11) dt.27-03-2025 2/5 ... ... Respondent/s ====================================================== Appearance : (In Civil Writ Jurisdiction Case No. 10010 of 2023) For the Petitioner/s : Mr. Gautam Kejriwal, Adv. Mr. Ajay Kumar Sinha, Adv. For the Respondent/s : Mr. Kinkar Kumar ( Sc 9 ) (In Civil Writ Jurisdiction Case No. 10315 of 2023) For the Petitioner/s : Mr. Gautam Kejriwal, Adv. Mr. Ajay Kumar Sinha, Adv. For the Respondent/s : Mr. Kinkar Kumar (Sc9) (In Civil Writ Jurisdiction Case No. 10316 of 2023) For the Petitioner/s : Mr. Gautam Kejriwal, Adv. Mr. Ajay Kumar Sinha, Adv. For the Respondent/s : Mr. Raghwanand (Ga11) (In Civil Writ Jurisdiction Case No. 10326 of 2023) For the Petitioner/s : Mr. Gautam Kejriwal, Adv. Mr. Ajay Kumar Sinha, Adv. For the Respondent/s : Mr. Kinkar Kumar (Sc9) (In Civil Writ Jurisdiction Case No. 10333 of 2023) For the Petitioner/s : Mr. Gautam Kejriwal, Adv. Mr. Ajay Kumar Sinha, Adv. For the Respondent/s : Mr. S. Raza Ahmad (Aag5) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 11 27-03-2025 Heard the learned counsel for the parties. 2. This writ petition has been filed for the following relief(s):- (I) To issue an appropriate order/s, direction/s including a writ preferably in nature of Mandamus commanding and directing upon the respondents to make the payment of sum of Rs. 1,12,31,680.60 Rupees One Crore Twelve Lacs, thirty one thousand Six hundred Eighty and sixty paise) only to the petitioner who has completed the work as allotted him for work of temporary toilets and water supply work at the CPMF center under the Assembly Election 2020. (II) To direct the respondents to make Patna High Court CWJC No.10010 of 2023(11) dt.27-03-2025 3/5 the payment of above mentioned admitted dues of the petitioner with penal interest on account of delay and latches on the part of respondents.” 3. It is the case of the petitioner that for the Assembly Elections, 2020, the petitioner has undertaken works providing necessary facilities such as providing of Ramps, toilets, temporary bathrooms etc. at various places of Gaya district at the behest of the Executive Engineer, PHED, Gaya. That though the work was completed way back in the year 2020, the authorities have till date not paid the amount due to the petitioner. The authorities on one pretext or the other have been passing the buck from one authority to another and only after filing of the present writ petition before this Hon’ble Court, the authorities have filed the supplementary counter affidavit wherein the amounts payable to the petitioner have been accepted and the Collector has written to the State Election Commission for grant of sufficient funds to enable them to pay the same to the petitioner. Learned counsel has stated that though the petitioner has submitted a bill initially for Rs. 3,83,24,000/-, the authorities have come up with the figure of Rs. 2,91,08,959/- and the petitioner would be satisfied if the said amount is paid. However, learned counsel for the petitioner has Patna High Court CWJC No.10010 of 2023(11) dt.27-03-2025 4/5 stated that having regard to the delay in making the payment for the work done in 2020, the court may grant interest on the above amount from the date of submission of the bills till the date of realisation of the above. 4. In the supplementary counter affidavit filed by the respondent No. 4 i.e. the District Magistrate-cum-District Election Officer, Gaya, the letter issued by the Executive Engineer, PH Division, Gaya (Annexure R/H) written to the District Magistrate-cum-District Election Officer, Gaya about the work done by the petitioner and the District Magistrate-cum- District Election Officer, Gaya has in turn written to the State Election Commission vide letter No. 722 dated 10.03.2025 about the need to provide the necessary funds for making the payment to the petitioner. 5. Having regard to the contents of the above two letters wherein the work done by the petitioner has been accepted and the same has been quantified. This court is of the opinion that the ends of justice would be served if the District Magistrate-cum-District Election Officer, Gaya (Respondent No. 4) is directed to see that the amounts are paid positively within a period of four weeks from the date of receipt of the copy of this order. In case the authority fails to pay the above Patna High Court CWJC No.10010 of 2023(11) dt.27-03-2025 5/5 amount as reflected in Annexure- R/H, the petitioner would be entitled to simple interest at the rate of 8% per annum from the date of submission of the bills till the date of actual realisation. 6. With the above directions, the present writ petition stands disposed of. Gauravkr/- (A. Abhishek Reddy , J) U