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2017 DIGILAW 1550 (JHR)

Deepak Nath Sahay Son of late T. N. Sahay v. State of Jharkhand

2017-08-30

RAJESH SHANKAR

body2017
ORDER : Heard learned counsel for the parties. 2. The present writ petition has been filed for quashing of the Order No. 171 dated 18.01.2007 passed by the respondent no.2 whereby the claim of the petitioner for payment of the admitted dues of Rs.1,94,850/- was rejected without considering the materials available on record. It has further been prayed for issuance of direction upon the respondents to release the admitted dues of Rs.1,94,850/- with interest in favour of the petitioner. 3. The petitioner has filed an interlocutory application being I.A. No. 7118 of 2017 bringing on record the subsequent development during the pendency of the present writ petition. It has been stated in the said interlocutory application that the payment of Rs.1,93,400/- has been made to the petitioner in pursuance of the allotment vide letter no. 396 dated 14.09.2016 issued by the Secretary, Department of Building Construction, Government of Jharkhand, Ranchi. The said fact is evident from letter no. 722 dated 23.09.2016 issued by the Executive Engineer, Building Division, Chatra (Annexure-13 to the interlocutory application). In view of the said facts, learned counsel for the petitioner submits that the prayer made in the present writ petition has substantially been redressed, however the said amount was due to be paid to the petitioner since 18.06.2004 and since there has been long delay in making the payment of the said admitted amount by the respondents, a suitable direction may be given to the respondents for making payment of interest over the said amount. 4. Learned J.C. to S.C. (L&C) submits that instead of passing any order in this regard, it would be proper that the respondent authority may be directed to pass appropriate order on the point of payment of interest to the petitioner. 5. Considering the aforesaid submission made on behalf of the State, the petitioner is directed to make representation before the respondent no. 2 on the point of payment of interest to the petitioner due to the delayed payment of the aforesaid amount of Rs. 1,94,850/- and the respondent no.2 shall consider the representation and pass appropriate order after considering the relevant documents placed by the petitioner and the Executive Engineer, Building Division, Chatra. The said order shall be passed within a period of eight weeks from the date of filing of the representation by the petitioner. 6. 1,94,850/- and the respondent no.2 shall consider the representation and pass appropriate order after considering the relevant documents placed by the petitioner and the Executive Engineer, Building Division, Chatra. The said order shall be passed within a period of eight weeks from the date of filing of the representation by the petitioner. 6. The writ petition is, accordingly, disposed of with the aforesaid observation and direction. I.A. No. 7118 of 2017 also stands disposed of accordingly.