Patna High Court
Manoj Kumar Tripathi,versusThe State of Bihar,
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The Court held that the factual dispute regarding performance must be resolved by the Chief Engineer’s verification of the assistant engineers, and therefore did not grant the writ for payment.
Summary
Manoj Kumar Tripathi filed a writ petition seeking a mandamus directing the Bihar Rural Works Department to release Rs 33,26,852 for flood‑damaged road restoration carried out in 2020‑21 and 2021‑22, and to declare his claim valid under Section 70 of the Indian Contract Act and constitutional provisions. The respondents contended that the petitioner was never allotted the work and that the measurement book showed the work was executed by department staff. The petitioner produced the measurement book bearing signatures of assistant engineers and photographs to prove his involvement. The Court, after reviewing the submissions, found a factual dispute over who actually performed the work and directed the Chief Engineer to verify with the assistant engineers as of July 2024 whether the work was done by the petitioner or the department, and to communicate the findings. No order for payment was granted and the writ petition was disposed.
Issues considered
- Is the petitioner entitled to payment for the road‑restoration work claimed?
- Does Section 70 of the Indian Contract Act, 1872 apply to the petitioner’s claim?
- Do the respondents’ refusal to pay violate Articles 14, 19(1)(g) and 21 of the Constitution of India?
- Was the petitioner actually allotted and did he execute the work in question?
Legislation cited
- Indian Contract Act, 1872 — s. 70
Subjects
- payment of contract
- mandamus
- Section 70
- Indian Contract Act
- constitutional rights
- verification
- measurement book
- public works
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8578 of 2025
======================================================
Manoj Kumar Tripathi, S/O Krishnamurari Tripathi, R/O Village plus P.O.-
Ramshar, Pin Code- 802311, P.S.- Barhara, District-Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar, Through, The Secretary, Rural Works Department, Govt.
of Bihar, Vishwaswraiya Bhawan, Baily Road, Patna.
2. The Engineer in Chief, Rural Works Department, Govt. of Bihar,
Vishwaswraiya Bhawan, Baily Road, Patna.
3. The Chief Engineer, Rural Works Department. Govt. of Bihar, Vishwaswraia
Bhawan, Baily Road, Patna.
4. The Superintending Engineer, Rural Works Department, Work Circle- Ara,
District Bhojpur, Govt. of Bihar.
5. The Executive Engineer, Rural Works Department, Works Division -
Jagdishpur and Ara, District- Bhjpur, Govt. of Bihar.
6. The Executive Engineer, Rural Works Department, Works Division Ara,
District-Bhjpur, Govt. of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Awadhesh Kumar Pandey
For the Respondent/s : Mr.Addl. Advocate General 04
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
4 23-06-2026 Heard the learned counsel for the parties.
The present writ petition has been filed for the
following relief(s):-
“(i) To issue a appropriate writ / order
direction in the Nature of Mandamus for direction to the
Respondent Authorities to release the total payment of
the petitioner to the tune of Rs. 33,26,852/
(Rs.5,17,944+Rs.5,02,111+Rs.2,84,950+4,82,871+1,81,
918+13,57,058) along with interest thereon for the
restoration work done in the year 2021-22 of the eight
damaged roads (1. Kokila (To3) to Ugnapath, (MB No.
876-A) 2. Koilwar Prakhand Durjanchak to Agarpura,
(MB No-3753/2020-21), 3. Harihar to Chamarpur, (MB
No-896) 4. Tenduni to Haridya, (MB No-878-A) 5.
Hariharpur to Bemari, (MB No-877-A) 6. Garhani
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Agiaon Road 6 km Agiaon Sub-Division Pawna Gram
SH-12 Ara Sahar Road, (MB No-3855) due to flood in
Work Division, Jagdishpur and Ara and Ara Rural Works
Department, Govt. of Bihar.
(ii) To hold and declare that the petitioner is
eligible to receive the payment to the tune of Rs Rs.
33,26,852/-for the restoration work done by the
petitioner in the year 2020-21 and 2021-22 of the
damaged roads (1.Kokila (To3) to Ugnapath, (MB No-
876-A) 2. Koilwar Prakhand Durjanchak to Agarpura,
(MB No-3753/2020-21), 3. Harihar to Chamarpur, (MB
No-896) 4. Tenduni to Hardiya, (MB No-878-A) 5.
Hariharpur to Bemari, (MB No-877-A) 6.Garhani
Agiaon Road 6 km Agiaon Sub-Division Pawna Gram
SH-12 Ara Sahar Road, (MB No-3855)) due to flood in
the Work Dvision, Jagdishpur and Ara, Rural Works
Department, Govt. of Bihar.
(iii) To hold and declare that also in terms
of Section 70 of Contracts Act, 1872 the claim of the
petitoner is liable to be allowed and that action of the
Respondent Authorities is contrary to the same.
(iv) To hold and declare that the action/
inaction of the Respondents authorities in not making
payment to the petitioner for the restoration work done in
the year 2020-21 and 2021-22 of the damaged road
(1.Kokila (T03) to Ugnapath, (MB No-876-A) 2. Koilwar
Prakhand Durjanchak to Agarpura, (MB No-3753/2020-
21), 3. Harihar to Chamarpur, (MB No-896) 4. Tenduni
to Hardiya, (MB No-878-A) 5. Hariharpur to Bemari,
(MB No-877-A) 6.Garhani Agiaon Road 6 km Agiaon
Sub-Division Pawna Gram SH-12 Ara Sahar Road, (MB
No-3855)) due to flood in the Work Dvision, Jagdishpur
and Ara, Rural Works Department, Govt. of Bihar is
unjust, arbitrary, malafide and perverse.
(v) To hold and declare that the action
/inaction of the respondent autorities in not making
payment to the petitioner for the work done in the year
2020-21 and 2021-22 for the restoration work of the
damaged road (1.Kokila (To3) to Ugnapath, (MB No-
876-A) 2. Koilwar Prakhand Durjanchak to Agarpura,
(MB No-3753/2020-21), 3. Harihar to Chamarpur, (MB
No-896) 4. Tenduni to Hardiya, (MB No-878-A) 5.
Hariharpur to Bemari, (MB No-877-A) 6.Garhani
Agiaon Road 6 km Agiaon Sub-Division Pawna Gram
SH-12 Ara Sahar Road, (MB No-3855)) due to flood in
the Work Dvision, Jagdishpur and Ara, Rural Works
Department, Govt. of Bihar is violative of Article 14,
19(1)(g) and 21 of the Constitution of India.
(vi) To hold and declare that the respondent
authorities are duty bound to make payment for the
Patna High Court CWJC No.8578 of 2025(4) dt.23-06-2026
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restoration work done by petitioner in Work Dvision,
Jagdishpur and Ara, Rural Works Department, Govt. of
Bihar in the year 2020-21 and 2020-21 and 2021-22 in
accordance with the direction of the Respondent No. 5
(vii) To any other relief / reliefs for which
the petitioner is found to be entitled in the fact and
circumstances of the case.”
3. In the counter-affidavit filed by the respondent
Nos. 2 to 6, at Para Nos. 7 to 10, it stated as under;
“7. That the grievance of the petitioner is
that the petitioner has completed the work in time and
after completion of work the payment has not been made
to him.
8. That at the outset it is very humbly
submitted that the aforesaid grievance of the petitioner is
not correct and genuine as the fact remains that the
petitioner has never been allotted the work as claimed by
her.
9. That it would be relevant to mention here
that there is provision for uploading the requisite papers/
documents such as approved estimate, measurement
book, enquiry report and Geo Tag Photograph etc. in the
Action Taken Section for the FDR Module relating to
execution of FDR Work.
10. That so far as the plead of the petitioner
in support of his claim that the measurement book has
been prepared by the authorities concerned against the
executed work is concerned, it is very humbly submitted
in this respect that as the said FDR v/ork has been
executed by the department itself and the measurement
book has been issued in the name of the concerned
Assistant Engineer, Rural Works Department, of
concerned Works Sub-Division as is evident from
measurement book itself.”
4. Learned counsel appearing on behalf of the
petitioner has drawn the attention of the Court to the
measurement book filed along with the writ petition wherein the
name of the work done and the name of the person who has
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executed the work has been mentioned at Page No. 30. Further,
Learned counsel has also drawn the attention of the Court to the
signatures on the measurement book by the Assistant Engineers
and also the photographs annexed along with the writ petition.
Learned counsel has submitted that the Chief Engineer may be
directed to verify with the Assistant Engineer who were working
with the Department as of July, 2024 and who have signed the
measurement book to verify as to whether the work has been
done by the petitioner or the same has been done through the
Department only by fixing a time-frame.
5. Having regard to the above made submissions and
also duly taking into consideration the signatures on the
measurement book, this Court is of the opinion that it would be
expedient and in the interest of justice to direct the Chief
Engineer (i.e., respondent No. 3 herein) to verify with the
Assistant Engineers who were working with the Department as
of July, 2024 and find out whether the work has been completed
by the Department or through the petitioner and take such steps
as may be necessary for resolving the issue between the parties.
Any decision taken by the Chief Engineer after examination of
the Assistant Engineers who were working as of July, 2024 shall
be communicated to the parties.
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6. With the above direction, the present writ petition
stands disposed of.
(A. Abhishek Reddy, J)
Ayush/-
U
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