2026:JHHC:25488 --1-- W.P. (C.) No. 3586 of 2013 IN THE HIGH COURT OF JHARKHAND, RANCHI W.P. (C.) No. 3586 of 2013 ---- 1. Md. Usman, son of Late Basarat Hussain 2. Md. Amjad Ali, son of Md. Usman Both are resident of village – Muslim Nagar, near Noori Masjid, Daltonganj, PO and PS – Daltonganj, District – Palamau .... Petitioners -- Versus -- 1. The State of Jharkhand 2. Principle Secretary, Building Construction Department, Jharkhand at Ranchi 3. Chief Engineer, Building Division, Circle-2, Ranchi 4. Superintending Engineer, Building Division, Circle No.2, Ranchi 5. Executive Engineer, Palamau, Building Division at Daltonganj .... Respondents ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Md. Imtiaz Khan, Advocate :- Md. Shamim Akhtar, Advocate For the State :- Mr. Suresh Kumar, Advocate :- Mr. Anshuman Kumar, Advocate ---- 15/24.08.2026 Heard learned counsel appearing for the petitioners and learned counsel appearing for the State. 2. This petition has been filed under Article 226 of the Constitution of India for direction upon the respondents concern to take all the essential and required steps for payment of Rs.3,55,300/- to the petitioner No.1 and further Rs.2,37,920 to petitioner No.2 for their repairing/construction works which have been done by the petitioners and the same have been verified, 2026:JHHC:25488 --2-- W.P. (C.) No. 3586 of 2013 certified and accordingly entered into a measurement book by the connected department in the repairing-cum-construction concern with respect to their work which is mentioned. The Co-ordinate Bench of this Court has passed the following order on 1st September, 2022 which is as under :- Reference may be made to the order dated 18.08.2022. In pursuance thereof, Mr. Sunil Kumar, Secretary, Building Construction Department and Mr. Naseem Ali, Executive Engineer, Building Construction Department, Daltonganj have appeared. The Secretary, Building Construction Department has submitted that after coming to know about the irregularity committed by the concerned Junior Engineer during whose service period, the measurement book was cut, the decision has been taken to conduct departmental enquiry against the erring official. The same has also been stated in the 3rd supplementary counter affidavit dated 30.08.2022. It has been submitted on behalf of the State by referring to paragraphs-7 & 8 of the supplementary counter affidavit filed on behalf of the Respondent No. 5 dated 26.07.2022 wherein it has been stated that the amount has been disbursed so far as it relates to Agreement Nos. 81, 82 and 85 to the tune of Rs. 1,33,366/-; Rs. 84,205/- and; Rs. 1,90,000/- respectively, therefore, no dues is there to be paid in favour of the writ petitioner. So far as the Agreement Nos. 80 and 84 are concerned, it has been stated that since the work has not been executed, therefore, there is no amount liable to be paid in favour of the writ petitioner. Mr. Imtiaz Khan, learned counsel for the petitioners, has seriously disputed the aforesaid fact and has submitted that not even a single penny has been paid in favour of the writ petitioner as per the stand taken by the learned counsel for the State at paragraphs-7 and 8 of the supplementary counter affidavit. Learned counsel for the petitioners seeks three weeks’ time to file response to the supplementary counter affidavit filed on behalf of the respondent. As prayed for, let this matter be listed on 22.09.2022. Personal appearance of Mr. Sunil Kumar, Secretary, Building 2026:JHHC:25488 --3-- W.P. (C.) No. 3586 of 2013 Construction Department and Mr. Naseem Ali, Executive Engineer, Building Construction Department, Daltonganj is dispensed with for the present. 3. Thereafter, in light of above order, learned counsel appearing for the petitioners have filed the rejoinder to supplementary counter affidavit and he has disputed about the payment as disclosed on the submission of Secretary, Building Construction Department. 4. In that view of the matter without entering into the merit of the case, the petitioner is directed to file a fresh representation before the respondent No.5, who is Executive Engineer, Palamau within a period of three weeks from today and if such representation is being filed within the aforesaid period, the respondent No.5 shall take a final decision and will pass reason order within eight weeks further thereafter. 5. In view of above direction/observation, this writ petition is disposed of. (Sanjay Kumar Dwivedi, J.) Dated 24.08.2026 Sangam/