STATE OF BIHAR Vs. RATAN LAL SAHU

JUDGEMENT

(1.) The respondents writ petitioner was allowed construction contract by (sic) the State of Bihar in the year 1989 which was completed by the respondents. In spite of bills submitted but because of paucity of fund the amount was not paid by the State in favour of respondent writ petitioner. The correspondences was made vide letter dated 2/09/1993 by the Executive Engineer, Building Construction and Housing Department, Ranchi to the Superintending Engineer, for release of hand, and the other letter dated 30/01/1993 written by Executive Engineer, Gumla to the Executive Engineer, Ranchi to release fund at least for refund of the security money deposited by the respondent-writ petitioner was enclosed in support of writ petitioner's contention.

(2.) No action having taken the respondents writ petitioner earlier moved before this Court in C.W.J.C. No. 3294/1993(R) which was disposed of with direction to respondents to decide the claim. The said order having not complied, another writ petition C.W.J.C. No. 3294/1994(R) was preferred by respondent-writ petitioner with direction to Superintending Engineer to look into the matter and decide it finally.

(3.) It appears that the respondents-writ petitioner thereafter moved before this Court in C.W.J.C. No. 1726/1995(R) (sic). In the said case on 22/03/1996. The counsel for the State forwarded the Cheque No. 041453 dated 20/03/1996 for Rs. 24,670.00 in the name of the respondent writ petitioner. The respondents writ petitioner thereafter deposited, the cheque to the State Bank of India, Gumka on 19/04/1994, i.e. within time however, because of instructions given by the State cheque was not encashed.