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East India Construction Co. Vs State of Jharkhand and Others

Case No: Writ Petition (C) No. 3475 of 2010

Date of Decision: March 22, 2011

Citation: (2011) 2 JCR 460

Hon'ble Judges: R.K. Merathia, J

Bench: Single Bench

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Judgement

@JUDGMENTTAG-ORDER

R.K. Merathia. J.

1. Mr. Indrajit Sinha, learned Counsel for the Petitioner submitted that the Superintending Engineer and the Chief Engineer asked for allotment of

fund for payment of the dues of the Petitioner, but the same has not been received as yet. It is further submitted that the said money claim has not

become time barred in view of the said letters (annexures 3 & 4).

2. Counsel for the State submitted that though time was granted for filing counter affidavit on 7.12.2010, and I. A. No. 515 of 2011 was filed on

18.02.2011 for extension of four weeks time for filing affidavit which time has also expired, but Respondents have not sent any instruction to him

for filing counter affidavit and in the absence thereof, he is not in a position to accept or controvert the submissions made in the writ petition.

3. In the circumstances, Petitioner is permitted to make a fresh representation before Respondent No. 2--The Secretary, Department of

Construction, Govt, of Jharkhand and Respondent No. 3--The Home Secretary, Department of Home, Ranchi. If Petitioner''s claim is undisputed,

it should be paid. If the claim/part of it is disputed, the reasons thereof should be communicated to the Petitioner. This exercise should be

completed as early as possible and preferably within a period of six weeks from the date of receipt of such representation.

4. It is made clear that this Court has not gone into the merits of the claims of the Petitioner.

5. With these observations and directions. this writ petition is disposed of.