FULENA CONSTRUCTION PVT. LTD. Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner claims to be a Private Limited Company registered as a Class-I Civil Contractor under the State Government of Bihar. This writ application has been filed through its Director seeking a direction to the respondents to pay to it an admitted amount of a sum of Rs.7,76,88,398.00=00 for the work done by it pursuant to an agreement bearing No. 1- S.T.B./2007-08.

(2.) It is the petitioner's case that the claimed amount could not be paid by the respondents on the ground of non- allotment (paucity) of funds. In view of the petitioner's definite claim in the writ petition that the amount is admitted and has not been paid because of non-availability of fund, this Court had passed following order in this case on 22/1/2022 :-

(3.) In compliance of the said order dtd. 22/1/2022, a supplementary counter affidavit has been sworn by Mr. Sanjay Kumar Agrawal, the Principal Secretary, Water Resources Department, Government of Bihar. The averments made in the writ application regarding the petitioner's claim of its entitlement of the amount has not been specifically denied; neither in the counter affidavit which was earlier filed in the present writ application nor in the supplementary counter affidavit sworn by the Principal Secretary of the Department filed under the orders of this Court dtd. 22/1/2022.