Patna High Court

Pawan Kumar SinghversusThe State of Bihar

Decided: 21 January 2026
Disposal: ALLOWED
Bench: A ABHISHEK REDDY

Holding

The petitioner had completed the work as certified and is entitled to the balance payment, warranting the issuance of a writ of mandamus directing payment.

Summary

The petitioner, Pawan Kumar Singh, completed the construction of a driving testing track at Dhanupara, Ara under a 2022 tender and received Rs.38 lakh of the contracted Rs.48.22 million. He claimed the remaining Rs.10.32 lakh was unpaid despite certification of completion by the Executive Engineer and multiple letters requesting fund allocation. The respondents, including the State of Bihar and various departmental officials, contended that only 25-30% of the work was done and in a dilapidated condition, thereby refusing payment. The court examined the certifications, correspondence, and the lack of any prior objection by the respondents, finding the claim of incomplete work untenable. Consequently, the court directed the respondents to release the balance amount within four weeks, effectively granting the writ of mandamus.

Issues considered

Whether the petitioner is entitled to the balance payment of Rs.10,32,000 under the contract.
Whether the respondents' allegation that the work was incomplete is substantiated.
Whether a writ of mandamus can be issued to compel the government to pay the dues.
Whether the delay in payment violates principles of natural justice and contractual obligations.

Subjects

contractual payment
public works
writ of mandamus
government liability
balance dues
completion certification

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18288 of 2023
======================================================
Pawan Kumar Singh Son of Late Chandra Dev Singh Resident of Mohalla
Mansa Pandey Baga PS Ara Nagar, District- Bhojpur.

... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Building Constraction
Department Bihar Patna.
2. The Bihar Public Works Department, Patna.
3. The Executive Engineer Building Division, Ara.
4. The Executive Engineer Bhawan, Parmandall Bhojpur at Ara.
5. The District Transport Office Bhojpur at Ara.

... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Adv.
For the Respondent/s : Mr. Advocate General
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL JUDGMENT
Date : 21-01-2026
Heard the learned counsel for the parties.

2. This writ petition has been filed for the following

relief(s):-

“That, this application is directed for
issuance or appropriate writ in the nature of
mandamus any other writ order direction
Commanding the respondents to pay the Admitted
dues of the petitioner for the work done vide
tender Publish in 2022 in Vide work name
Construction at driving testing track at
Dhanupara in Agreement No. 01F2/2022-2023.
At the very outset it is stated that them
petitioner has completed the Construction of
Patna High Court CWJC No.18288 of 2023 dt.21-01-2026
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driving testing tack, work at Dhanupara, Ara,
District-Bhojpur and has completed the
Construction and entire premises It is further
stated that the petitioner has also completed the
assigned the constructed work there for in the
premises at Bihar Publish Work Department.”

3. It is the case of the petitioner that pursuant to the

notification of the tender, the petitioner has participated in the

tender process and the petitioner being the successful bidder the

work was allotted to him. Thereafter the petitioner has constructed

the driving testing track at Dhanupara, Ara, District- Bhojpur

within the stipulated time. That after completion of the work, the

petitioner has been paid an amount of Rs. 38 lakhs out of the total

contracted amount of Rs. 48,22,736/- and the balance amount of

10,32,000/- is yet to be paid. That the Executive Engineer vide

letter no. 1473 dated 21.08.2023 and vide letter no. 1738 dated

05.10.2023 has certified that the work assigned to the petitioner

has been completed and the said letters were addressed to the

Respondent Nos. 4 and 5. Though the work was completed in the

year 2022, the balance amount due to the petitioner is yet to be

paid. Learned counsel has, therefore, prayed this Hon’ble Court to

allow the present writ petition and direct the respondents to pay

the amount due to the petitioner.
Patna High Court CWJC No.18288 of 2023 dt.21-01-2026
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4. In the counter affidavit filed by the Respondent No. 3

i.e. Executive Engineer Building Division, Ara at Bhojpur, the

factum of the tender being published, the work being entrusted to

the petitioner and the completion of the construction as per the

timeline fixed in the agreement bearing no. 01F2/2022-2023 has

not been denied. The counter affidavit specifically states that the

agreement value is of Rs. 48,22,736/- was done by the petitioner

and an amount of Rs. 38,00,000/- has already been paid to the

petitioner. Further, the factum of the Respondent No. 3 writing

letters to the Respondent Nos. 4 and 5 about the completion of the

work assigned to the petitioner and for releasing the funds has also

not been denied. Further, in the counter affidavit, it is stated that

thereafter Chief Engineer (South) vide his letter no. 588 dated

28.02.2024 letter no. 744 dated 13.03.2024, letter no. 867 dated

24.04.2024 and letter no. 1647 dated 21.08.2024 has repeatedly

requested the District Transport Officer, Bhojpur, Ara for allotment

of funds for making the payment of the balance amount due to the

petitioner. That Executive Engineer Ara has once again vide his

letter no. 915 dated 03.07.2024 and Letter No. 1115 dated

02.09.2024 requested the allotment of funds from District

Transport officer, Bhojpur, Ara (Respondent No. 5). That in this

regard, Secretary, Transport Department has also been requested
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by Letter No. 8156 dated 08.10.2024 to provide the allotment of

necessary funds. Thereafter, it is stated that the respondents are

awaiting the allotment of funds for making the necessary payments

to the petitioner.

5. In the counter affidavit filed by the Respondent No. 5,

the authority has not denied about the allotment of the work to the

petitioner and also the amounts paid to the petitioner. However,

with regard to the balance amount due to the petitioner, it is stated

that the Respondent No. 1 i.e. Principal Secretary, Building

Construction Department had communicated letter bearing no.

744(S) dated 13.03.2024 and the Respondent No. 3 vide letter no

47/Pari. dated 15.04.2025 had written to the Motor Vehicle

Inspector, Bhojpur for furnishing the present status of construction

of the Driving Testing Track at Dhanupura, Ara and the Motor

Vehicle Inspector has submitted his status report of the driving

testing track vide letter no. 256/Pari dated 24.04.2025. In the

report, it is stated that only 25% to 30% of the total work has been

done and the same is also in a dilapidated condition covered by

herbs/shrubs and grass. Further, it is stated in the counter affidavit

that in view of the above, the balance amounts due to the petitioner

cannot be made. The petitioner has filed a rejoinder to the counter

affidavit filed by the Respondent Nos. 3 and 5 duly enclosing the
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copies of the communication between various departments which

evidence that the work assigned to the petitioner has been

completed. Further, it is stated that the work agreement was signed

on 15.04.2022 and the work has been completed on 14.07.2022

and the same was endorsed by the concerned authorities. The

authority at this stage cannot take a ground that the work has not

been completed and state that only 25% to 30% has been done.

More particularly, in view of the fact that the Executive Engineer

has certified the work done by the petitioner.

7. Thereafter, supplementary counter affidavit on behalf

of the Respondent No. 3 has been filed wherein at para 8, 9 and 10

it is stated as under:

“8. That it is most humbly submitted
that the answering respondent does not dispute the
remaining amount as claimed by petitioner. That
under para-8 of his writ petition. Petitioner has
submitted that only Rs. 10,32,000/- remains
unpaid which is true.
9. That in the previously filed counter
affidavit respondents has already brought on
record the fact that for payment of remaining dues
of Rs 10,32,000/-, Executive Engineer, Building
Division, Ara vide his Letter No.1473 dated
21.08.2023, Letter No.1738 dtd.05.10.2023, Letter
No.915 dtd.03.07.2024, Letter No.1115
dtd.02.09.2024 and Letter No.1758 dtd.09.12.2025
and Chief Engineer(South) vide his Letter No.588
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dtd. 28.02.2024, Letter No.744 dtd. 13.03.2024,
Letter No.867 dtd. 24.04.2024 and Letter No.1647
dtd. 21.08.2024 has repeatedly requested District
Transport Officer, Bhojpur, Ara to provide the
remaining allotment of Rs 10,32,000/-, so that
petitioner remaining dues could be cleared off.
10. That it is further submitted that vide
Letter No.8156 dated 08.10.2024 Secretary,
Transport Department has also been requested to
provide the remaining allotment of Rs
10,32,000/-.”

8. It is pertinent to note that the Measurement Book has

been enclosed along with the supplementary counter affidavit

which evidences the work done and also the completion.

9. Having regard to the above mentioned facts and

circumstances and also the correspondence made by the

Respondent No. 3, it is manifestly clear that the petitioner has

completed the work assigned to him within the stipulated period. It

is pertinent to note that the work was completed in July, 2022 and

there is no protest by the Respondent No. 5 at any point of time

prior to filing of the present C.W.J.C. that the petitioner has not

done the work. It is only after the C.W.J.C. has being filed, the

Respondent No. 5 has taken a stand that the work has not being

completed. There is no explanation forthcoming from the said

authority as to why they have kept quite for a period of almost
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three years if the work was not completed by the petitioner within

the stipulated time. Further the said stand taken by the Respondent

No. 5 is contrary to the letter written by the Executive Engineer

where it was certified that the work entrusted to the petitioner has

being completed. There is nothing but a lame excuse to avoid the

payment of the legitimate dues to the petitioner.

Having regard to the above, the present writ petition has

to be necessarily allowed and the same is accordingly allowed. The

Respondent Nos. 4 and 5 are directed to see that the balance

amounts due to the petitioner are deposited with the Respondent

No. 3 at the earliest preferably within a period of four weeks from

the date of receipt of the copy of this order and on receipt of the

said funds, the authority is directed to make the payments to the

petitioner forthwith.

10. With the above directions, the present writ petition

stands allowed to the extent indicated.

(A. Abhishek Reddy , J)
Gauravkr/-

AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 30.01.2026
Transmission Date N/A

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