PATNA, India, Sept. 29 -- Patna High Court issued the following judgment on Aug. 29:

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

"(a) Issuance of an appropriate writ/writs, direction/ directions, order/orders for directing the respondent Nos. 10 and 11 for payment of Rs. 15,06,000/- with interest of completion of works of Scheme No. 02 of 2015-16 and Scheme No. 05 of 2015-16 which has already been completed.

(b) To grant such other consequential benefits or reliefs including the penal interest as the petitioner is found entitled to in the facts and circumstances of the case."

2.The brief facts, as culled out from the Writ petition are that Scheme No. 02 of 2015-16 was sanctioned for construction of brick soling, drainage system and PCC work in Bhaiswan village under Bhaiswan Gram Panchayat, from the house of Dilip Ram to Tetar Ram. The petitioner was appointed as an agent for execution of the said scheme and the sanctioned amount was Rs. 8,08,600/-. The petitioner completed the entire work under Scheme No. 02 of 2015-16, for which he was paid only Rs. 20,000/- vide cheque Nos. 349082 and 349088, whereas the balance amount of Rs. 7,86,600/- was not paid by respondent Nos. 10 and 11. Further, the petitioner also completed the work under Scheme No. 05 of 2015-16, which was sanctioned by the authority for construction of brick soling, drainage system and PCC work in village Dariapur, Bhaiswan, Masaurhi, Patna, from Suryamandir to Sryug Ravidas. The sanctioned amount for the said work was Rs. 9,80,900/-

3.The petitioner completed the entire works under both the schemes. However, in the month of June 2016, after Sadhu Paswan was elected as Mukhiya of Gram Panchayat Raj, Bhaiswan, the payments due to the petitioner were avoided for reasons best known to the respondents. The petitioner approached respondent Nos. 10 and 11 on several occasions for release of payments. As there is no other option left to the petitioner, he was constrained to file the present writ petition.

4.A detailed counter affidavit was filed on behalf of the Respondent No. 6 admitting that the petitioner has completed the works under scheme No. 02 of 2015-16 and Scheme No. 05 of 2015-16. It is also admitted that the petitioner received only Rs. 20,000/- out of Rs. 8,08,600/- for Scheme No. 02 of 2015-16, and Rs. 3,16,500/- out of Rs. 9,80,900/- for Scheme No. 05 of 2015-16. The counter affidavit further disclose that the higher-up's have not allotted the amount, and as such, the payment could not be made to the petitioner. It was stated that whenever the amounts are allotted, the payments will be made.

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

5.On perusal of the entire records and considering the rival submissions, it is admitted that the respondents are liable to pay the dues to the petitioner for the works completed by him. Therefore, respondent Nos. 10 and 11 are directed to pay the admitted dues to the petitioner as early as possible, preferably within a period of three months from date of receipt of this order.

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

Disclaimer: Curated by HT Syndication.