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2021 DIGILAW 845 (JHR)

Gajendra Prasad Himansu v. State of Jharkhand

2021-10-05

RAJESH SHANKAR

body2021
ORDER : 1. The present writ petition has been filed for issuance of direction upon the respondents to make payment of Rs. 1,55,430/- which is due to be paid in relation to the work of renovation of 100 bedded Scheduled Tribe Girls Hostel at Sector-2, Bokaro. 2. The learned counsel for the petitioner submits that the petitioner was awarded the work of renovation of 100 bedded Scheduled Tribe Girls Hostel at Sector-2, Bokaro. An agreement being agreement no. 57/F2/2017-18 for the said work was also executed with the petitioner for estimated value of Rs. 24,15,834/-. Pursuant to the work order dated 30.11.2017 issued by the respondent no. 4-the Executive Engineer, Building Construction Department, Building Division, Bokaro (Annexure-2 to the writ petition), the petitioner executed the said work to the satisfaction of the concerned authority, however, he was paid only Rs. 22,66,888/- for executing the said work and balance amount of Rs. 1,55,430/- has still not been paid by the respondents without assigning any reason to him. The petitioner represented the respondent authorities for releasing the aforesaid amount in his favour, however, the same remained un-responded. 3. Having heard the learned counsel for the parties and keeping in view the nature of prayer made by the petitioner in the present writ petition, without entering into the merit of the case, the petitioner is given liberty to file fresh representation before the respondent no. 2- the Secretary, Building Construction Department, Jharkhand, Ranchi along with the relevant documents. On receipt of the said representation, the respondent no. 2, after providing due opportunity of hearing to the petitioner/his representative, shall take an appropriate informed decision in accordance with law within four weeks from the date of filing of the said representation. 4. If it is found by the respondent no. 2 that the claim made by the petitioner is legally admissible, the said admitted amount shall be released in favour of the petitioner within four weeks thereafter. 5. The writ petition is accordingly disposed of with aforesaid liberty and direction.