Created by Fuzzy Cloud

Patna High Court

Ravi Bhushan KumarversusPatna Nagar Nigam,

Decided
Disposal
ALLOWED

Holding

The Court held that the respondents must release the pending amounts to the petitioner, but interest on the delayed payment was not awarded at this stage.

Summary

Ravi Bhushan Kumar filed a writ petition seeking payment of admitted bills amounting to Rs. 78,55,464.99 for three PCC road and underground drain works undertaken under agreements 119F2, 118F2 and 120F2 of 2020‑21, and also claimed interest on the delayed payment. The respondents, including the Patna Nagar Nigam and its officials, contended that a portion of the dues had already been paid and that requisition letters had been sent for the remaining amount, but no dispute existed regarding the total liability. The High Court examined the affidavits and found that the amounts were undisputed and that the municipal authorities were obligated to release the pending funds. The Court directed the Municipal Commissioner to ensure that the Chief Engineer receives the funds within four weeks and that the Chief Engineer pays the petitioner within two weeks thereafter. However, the Court declined to award interest at this stage, leaving the petitioner free to file a separate representation for interest. Consequently, the writ petition was allowed in part, directing payment of the principal amount but not interest.

Issues considered

  • Whether the municipal authorities are liable to pay the admitted bill amounts for the construction works.
  • Whether interest at 18% compoundable is payable for the delay in payment.
  • Whether the High Court can direct the release of funds under its writ jurisdiction.

Subjects

  • municipal payment
  • public works contracts
  • civil writ jurisdiction
  • interest on delayed payment
  • Patna Municipal Corporation
  • construction of PCC road
  • writ petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.70 of 2025
                 ======================================================
                 Ravi Bhushan Kumar, Son of Sri Nand Kishor Prasad Resident of Mohalla-
                 East Ram Krishna Nagar, Nand Nagar, P.S.-Ram Krishna Nagar, P.O.- New
                 Jaganpura, District-Patna-27.

                                                                     ... ... Petitioner/s
                                                Versus
           1.    Patna Nagar Nigam, through its Municipal Commissioner, Dak Bunglow
                 Road, Mourya Lok Complex, C-Block, Patna-800001.
           2.    The Municipal Commissioner, Patna Nagar Nigam, Dak Bunglow Road,
                 Mourya Lok Complex, C-Block, Patna-800001.
           3.    The Chief Engineer, Patna Municipal Corporation, Dak Bunglow Road,
                 Mourya Lok Complex, C-Block, Patna-800001.
           4.    The Executive Engineer, Patna Municipal Corporation, New Capital
                 Division, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s         :      Mr.Manish Sahay, Adv.
                                                     Mr. Siddharth Aditya, Adv.
                 For the PMC                  :      Mr.Prasoon Sinha, Sr. Adv.
                                                     Mr. Prabhat Kr., Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

7   07-05-2026                   Heard learned counsel for the parties.

                                 2. The present Writ Petition has been filled for the

                   following reliefs:-

                                        “(1) For commanding and directing the concerned
                                        Respondents to pay admitted bill amounts i.e. Rs.
                                        78,55,464.99/- (Rupees Seventy Eight Lakhs Fifty
                                        Five Thousand Four Hundred Sixty Four and
                                        Ninety Nine Paisa only) relates to following three
                                        works:-

                                        Sl.   Name of works          Agreement No. Agreement Value
                                        1.    Construction of PCC  119F2 of 2020-   Rs.30,46,257/-
                                              Road & UG drain work 21               @ 0.06%
                                              from Sharma Ji house                  below on
                                              to main road Brinda                   Estimated Cost.
Patna High Court CWJC No.70 of 2025(7) dt.07-05-2026
                                            2/4




                                 Ban Road No. 7 in
                                 ward no. 13. (Group
                                 No. 03)
                           2.    Construction of PCC     118F2 of 2020- Rs.32,80,874/-
                                 Road and UG Drain       21             @ 0.6% below
                                 from Uma Kant Ji                       on Estimated
                                 house to main road                     Cost.
                                 Brinda Ban road no. 5
                                 colony ward no.-13.
                                 (Group No.04)
                           3.    Construction of P.C.C. 120F2 of 2020-   Rs.33,11,996/-
                                 Road and UG Drain      21               @ 0.06%
                                 work from Siyamani                      below on
                                 Devi house via                          Estimated Cost.
                                 Anupma ji via A. K.
                                 Singh Ji house to main
                                 road Brinda ban colony
                                 ward no. 12


                            (II) For further to directing the concerned
                            respondents pay interest @ 18% compoundable
                            in favour of the petitioner over entire payable
                            amount from the date of its due date and till the
                            date of its realization.
                            (III) For further passing such an Order or Orders
                            for which the petitioner is entitled under the law
                            in the facts and circumstances of this case.”

                      3. In the counter affidavit filed by the Respondent No.

          4, at para 04 and 05 it is specifically stated as under:-

                                “4. That it is humbly stated that the Executive
                                Engineer, New Capital Division, PMC has
                                already paid 40% of the admitted dues of one
                                of the schemes related to Agreement no. 120F2
                                of 2020-21 for Construction of PCC Road and
                                UG Drain work from the house of Siyamani
                                devi via Anupama Ji via house of the A.K
                                Singh ji to the main road, Brinda Van Colony,
                                ward no.13. Requisition for the remaining
Patna High Court CWJC No.70 of 2025(7) dt.07-05-2026
                                            3/4




                               amount        was       sent   Municipal    Engineer,
                               (respondent no.3 to the writ petition under to
                               reply) the Chief no. 1745 dated letter through
                               15.03.2021, letter no. 1750A dated 16.03.2021,
                               and letter no. 117 dated 07.05.2021. Again, by
                               letter no. 2148 dated 23.11.2022, requisition
                               was sent under the signature of the Executive
                               Engineer, Urban Development Division, New
                               Capital, PMC (Respondent no.4) to the Chief
                               Municipal Engineer, PMC (Respondent no.3)
                               for allotment of the funds for the constructions
                               made by the petitioner.
                                                  Photo copies of the letter 1745
                                                  dated 15.03.2021, no. letter no.
                                                  1750A dated 16.03.2021, letter
                                                  no. 117 dated 07.05.2021 and
                                                  letter no. 2148 dated 23.11.2022
                                                  are annexed herewith and marked
                                                  as Annexure-R/A series
                               5. That it is humbly stated that as soon as the
                               aforesaid amount, for which requisitions were
                               made, is made available to the New Capital
                               Division of the PMC, payment would be made
                               to the petitioner.”


                        4. Having regard to the above averments made in

          the counter affidavit and also taking into consideration that

          there is no dispute with regard to the amounts payable to the

          petitioner, the present writ petition is allowed directing the
             Patna High Court CWJC No.70 of 2025(7) dt.07-05-2026
                                                         4/4




                       Respondent No. 2, i.e., the Municipal Commissioner, Patna

                       Nagar Nigam to see that the amounts due to the petitioner are

                       provided with the Respondent No. 3, i.e., the Chief Engineer,

                       Patna Municipal Corporation at the earliest, preferably within a

                       period of 4 weeks from the date of receipt of a copy of this

                       order. On receipt of the said amounts, the Respondent No. 3

                       shall forthwith pay the amounts due to the petitioner within a

                       period of 2 weeks thereof.

                                     5. That in so far as the payment of interest for the

                       delayed payment is concerned, this Court is not inclined to

                       grant such relief at this juncture, leaving it open to the

                       petitioner to file a suitable representation before Respondent

                       No. 2 for grant of interest on the delayed payment. If any such

                       representation being given, the authority shall consider the

                       same on its own merits in accordance with law.

                                     6. Accordingly, the writ petition stands allowed to

                       the extent indicated above.



                                                               (A. Abhishek Reddy , J)
Bhardwaj/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.