Patna High Court
Ravi Bhushan KumarversusPatna Nagar Nigam,
- Decided
- Disposal
- ALLOWED
- Bench
- A ABHISHEK REDDY
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
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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
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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
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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
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