(2026:JHHC:21832 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P( C) No. 5415 of 2021 ----- Rameshwar Sharma, aged about 62 yrs, s/o late Ram Nandan Singh r/o HIG 156, Road No.5, Hariom Nagar, Adityapur-1, PO & PS Adityapur, Dist. Saraikela-Kharsawan … Petitioner(s). Versus 1. State of Jharkhand 2. The Principal Secretary Department of Drinking Water & Sanitation Govt. of Jharkhand having its office at Nepal House Doranda PO & PS Doranda Dist. Ranchi 3. The Engineer in Chief Drinking Water & Sanitation having its office at Nepal House Doranda PO PS Doranda Dist. Ranchi 4. The Superintending Engineer Drinking Water & Sanitation Circle, Jamshedpur having its office at Adityapur at PO & PS Adityapur Town Jamshedpur Dist. Seraikella Kharsawan 5. The Executive Engineer, Drinking Water & Sanitation Division Jamshedpur, PO & PS Adityapur Dist. Seraikella-Kharsawan … Respondent(s). CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Sunil Kr. Sinha, Advs. For the State : Mr. Kunal Chandra Suman, AC to GP-II …...... 12 /23.07.2026: By filing this instant writ application petitioner has prayed to direct upon the respondents to forthwith make payment of outstanding dues amounting to Rs.11,71,608.00 with interest @ 10% p.a from the date of due till actual payment pursuant to Agreement No. F2-32 of 2014-15 which have not been paid due to paucity of fund as admitted by the Executive Engineer (Respondent no.5) vide his letter No.1888 dated 26.10.2018 (Annexure -1). 2. Learned counsel for the petitioner submits that petitioner is a Registered contractor who under takes various works of departments of Govt. of Jharkhand. He submits that petitioner was allotted work of construction of tube well under Jamshedpur Division of Drinking Water & Sanitation and he has completed the work within time. He submits that on completion of work, he has submitted the Bill amounting to Rs.56,71,608.00 against which a sum of Rs.45lacs have been paid to (2026:JHHC:21832 ) -2- him and rest amount of Rs.11,71,608.00 could not be paid due to paucity of fund as alleged by the department. He further submits that petitioner has filed representation on 27.07.2020 before the respondent nos. 3 & 4 to pay admitted dues i.e Rs.11,71,608.00 but till date they have not paid the dues amount to him. 3. Counsel for the State by referring to the counter-affidavit has not disputed the claim of the petitioner. By referring to paragraph 9 he submits that the petitioner was awarded excess work than sanctioned. The sanctioned target was 791 number of hand pumps for reallocation but the petitioner was awarded more. Learned counsel for the respondents admits that the petitioner has completed the excess reallocation also. He submits that now they are fixing responsibility and accountability on the Superintendent Engineer who has awarded the extra work, then only the payment can be made. In paragraph 12 respondents have specifically admitted that the petitioners executed the work amounting to Rs.56,71,608.00. 5. Paragraph 12 of the counter- affidavit quoted herein below:- “12. That, it is admitted facts that petitioner has executed the work of Rs.56,71,608.00 for site re-acllocation of hand pump under the National Ruler Drinking Water program of the year 2014-2015 (NRDWP) against the sanctioned amount of Rs.45,00000/- which has been already paid to the petitioner.” 6. Thus, from paragraph 12, it is clear that petitioner has been paid Rs.45,00,000/- lakhs. They have admitted that the petitioner has executed the work to the tune of Rs.56,71,608.00. 7. This Court in W.P ( C) No.1563 of 2025 in M/s. Eagle Infra India Ltd Vs. Jharkhand Urban Infrastructure Development Company Ltd & Anr. by referring to the judgment of the Hon’ble Supreme Court has held that money claim can be entertained in an application under Article 226 of the Constitution even where there is disputed question of fact butwhich does not require elaborate leading of evidence. (2026:JHHC:21832 ) -3- 8. In this case there is no dispute, rather there is an admission, thus this a case where this Court can exercise jurisdiction under Article 226 of the Constitution and issue mandamus. Thus, a mandamus is issue to the respondent to pay the rest of the amount within a period of eight weeks from the date of receipt of copy of this order. 9. Accordingly, the instant writ petition stands allowed. (ANANDA SEN, J.) 23.07.2026 Anjali/-