PATNA, India, Aug. 7 -- Patna High Court issued the following judgment on July 16:

1.The petitioner has prayed in the Writ petition for following reliefs:-

(i)For issuance of an appropriate writ/s, order/s, direction/s in the nature of mandamus to the respondents not to make payment to the contractors for the schemes which were executed during the period of the petitioner working as Junior Engineer in Work Division Baisi, Purnea during construction of damaged road on emergency basis due to flood;

(ii)For issuance of an appropriate writ/s, order/s, direction/s to the respondents to prepare the last bill for construction of damaged road due to flood only after receiving the measurement book prepared by the petitioner so that excess amount may not be paid in collusion with the present Junior Engineer who was not at all responsible for executing of work in Baisi Work Division;

(iii)For issuance of an appropriate writ/s, order/s, direction/s to the respondent to make payment of the amount to the contractors only as per the cost estimate prepared for road construction and not to pay the excess amount as claimed by them because the petitioner (now under dismissal) never approved the work done by them and did not submit the measurement book prior to his removal by the order of the Principal Secretary and the measurement book submitted by the successor Junior Engineer is not at par with work done by the contractors;

iv) To pass such other order or orders as your lordships may deem fit in the facts and circumstances of the case.

2.During the course of arguments, it is reported by the Learned counsel for the petitioner that, in view of the counter affidavit, particularly paragraphs 17 and 23, the technical sanction was granted by the Superintending Engineer for the work, and on the basis of the report of the Committee, the measurement book was prepared and the payment was made by the Executive Engineer to the contractors, who were involved in the construction of the road. Therefore, nothing remains in the Writ petition for adjudication.

3. Accordingly, the Writ petition is dismissed.

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