Patna High Court
Sanjeev Kumar ShahiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court held that the writ petition cannot be granted outright and must be disposed after the petitioner makes a representation before the Chief Engineer, who shall pass a reasoned order within six weeks.
Summary
The petitioner, Sanjeev Kumar Shahi, filed a writ petition seeking payment of outstanding dues, security deposit and other amounts arising from a completed extension of the Rural Pipe Supply Scheme under agreement No. F2‑06/2019‑20. The petition alleged that the work was finished and the government department was liable to pay the amounts specified. The court examined whether the petitioner could obtain immediate relief for the payments or whether procedural steps were required. It directed the petitioner to make a representation before the Chief Engineer of the Public Health Engineering Department, and ordered the respondent to consider the representation and issue a reasoned order within six weeks, after hearing all stakeholders. Consequently, the writ application was disposed of pending the representation and subsequent order.
Issues considered
- Whether the petitioner is entitled to immediate payment of the remaining dues and security deposit under the contract for the extension of the Rural Pipe Supply Scheme
- Whether the court can grant the relief sought directly or must require the petitioner to make a representation before the concerned government authority
Subjects
- writ jurisdiction
- public health engineering
- government contract
- payment of dues
- security deposit
- administrative law
- representation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3876 of 2026
======================================================
Sanjeev Kumar Shahi, Male, aged about 54 years, S/o Ram Sakal Shahi, R/o
Akharaghat, Nazirpur, Hanuman Mandir, Gayatri Mandir, District-
Muzaffarpur.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Public Health
Engineering Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Public Health Engineering Department, Govt. of
Bihar, Patna.
3. The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering
Department, Govt. of Bihar, Patna.
4. The Chief Engineer, Public Health Engineering Department, Govt. of Bihar,
Patna.
5. The Zonal Chief Engineer, Public Health Engineering Zone, Muzaffarpur.
6. The Superintending Engineer, Engineer, Public Health Engineering Circle,
Darbhanga.
7. The Executive Engineer, Public Health Division, Samastipur.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Siyaram Pandey, Advocate
For the Respondents : Mr. Government Advocate (07)
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 18-03-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The following reliefs have been sought in the
present writ application:
“1. To make payment of the
remaining/admitted dues amount of annual
running maintenance cost to the tune of
Patna High Court CWJC No.3876 of 2026(2) dt.18-03-2026
2/3
Rs.28,53,861/- as well as annual running
maintenance for extended pipe line to the
tune of Rs.24,92,760/- and annual running
and maintenance cost (Part-2) to the tune of
Rs. 3,15,885/- which is verified by the
Executive Engineer, P.H. Division,
Samastipur which would also be apparent
from perusal of MB book this regard of the
agreement value of Rs. 53,75,565/-(Fifty
Three Lakhs Seventy Five Thousands Five
Hundreds Sixty Five only) against the
agreement no. F2-06/2019-20 dated-
20.09.2019 which is admittedly due for
which the petitioner is legally entitled for as
the work is already completed with regard to
Extension of Rural Pipe Supply Scheme
Tajpur, Ward No. 01,02,03 and 04 of Tajpur,
Block-Tajpur.
II. And/or be pleased to make payment of
Security Deposit from the Measurement
Book, amount of E.M.D.(F.D.) and the
advanced payment done through online
payment as the work is completed and any
withholding amount for which the petitioner
is legally entitled for,
III. And/or be pleased to pass such other
order/orders which may be deemed fit and
proper in the facts and circumstances of the
case.”
3. Considering the nature of reliefs sought in the
Patna High Court CWJC No.3876 of 2026(2) dt.18-03-2026
3/3
present writ application, the petitioner is directed to make a
representation before respondent no. 4 i.e., the Chief Engineer,
Public Health Engineering Department, Government of Bihar,
Patna.
4. In the event of filing of such representation, the
respondent no. 4 shall consider and dispose of the same by
passing a reasoned and speaking order, in accordance with law,
after affording the opportunity of hearing to all the stakeholders,
within a period of six weeks from the date of filing of such
representation.
5. With the aforesaid observation and direction, the
present writ application stands disposed of.
6. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
( Shailendra Singh, J)
U.K./-
U
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