PATNA HIGH COURT ISSUES JUDGEMENT ON KAIMURANCHAL VIKASH SAMITI V/S THE STATE OF BIHAR AND OTHER

PATNA, India, Sept. 9 -- Patna High Court issued the following judgment on Aug. 12:

1. The Writ petition is filed for the following reliefs:

(A) A writ in the nature of mandamus commanding the Respondents to make balance payment of the bills of the petitioner for a sum of Rs. 9,43,460/- for the period 22.6.2015 to 04.10.2015 for performance of the work contract.

(B) For a writ of mandamus or any other appropriate writ, order or direction to the respondents to appoint arbitrator for settlement of the balance payment of the bills of the petitioner for a sum of Rs. 9,43,460/- for the period 22.6.2015 to 04.10.2015 for performance of the work contract.

(C) For any other appropriate writ/writs, order/orders, direction/directions which may be fit in the facts and circumstances of the cases.

2. During the course of arguments, the Learned counsel for the petitioner reported to the Court that he had filed MJC No. 3745 of 2016, wherein CWJC No. 60 of 2016 was disposed of with a direction to the Executive Officer, Nagar Parishad, Sasaram, to consider the petitioner's prayer for payment of his bills and to dispose of the same within a period of three months. While disposing of MJC No. 3745 of 2016, this Court held that no case was made out for initiating contempt proceedings. However, there was a specific direction in the order dated 15.03.2017 in MJC No. 3745 of 2016, granting liberty to the petitioner to raise his balance claim before the Executive Officer, Nagar Parishad, Sasaram, with supporting documents, which was to be considered and disposed of within a period of six weeks.

3. The Learned counsel for the petitioner contended that he had made a representation vide Annexure-13, dated 03.05.2017, before the Executive Officer, Nagar Parishad, which is still pending. Despite the directions issued in MJC No. 3745 of 2016 to dispose of the said representation, the matter is still lying with the Executive Officer, Nagar Parishad. It is further contended that a specific direction may be issued to the Executive Officer, Nagar Parishad, to dispose of the representation as expeditiously as possible.

4. On the other hand, the Learned counsel for the Nagar Parishad, reported that the name of Nagar Parishad has been changed to Nagar Nigam, Sasaram, and he further stated that a direction may be issued to the Municipal Corporation (Nagar Nigam), Sasaram to dispose of the representation of the petitioner dated 03.05.2017.

1. 5. Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents.

6. Considering the fact that the representation of the petitioner is pending since 2017, this Court directs the Municipal Commissioner, Nagar Nigam, Sasaram to dispose of the representation of the petitioner dated 03.05.2017 within a period of four weeks from the date of receipt of this order.

7. With the aforesaid observations, the Writ petition is disposed of.

Disclaimer: Curated by HT Syndication.