M/s D.M. Tiwary And Partners vs The State Of Bihar & Ors.

Date : 24-08-2026

The petitioner has filed the Writ petition for the following reliefs:

The brief facts culled out of the Writ petition are that the petitioner was awarded the work of construction of Panchi River Dam in the year 1981, which was completed in accordance with the terms of the agreement by the year 1985. The bills raised by the petitioner remained unpaid for a considerable period. After prolonged proceedings before the Liability Committee and this Hon'ble Court, the Liability Committee sanctioned payment of Rs.29,86,948/- to the petitioner, which was ultimately paid on 03.03.2015.

Thereafter, in C.W.J.C. No.9558 of 2014 filed by the petitioner, this Hon'ble Court, by order dated 29.10.2018, directed payment of interest @ 6% per annum on the said amount for the period from 11.11.2009 to 03.03.2015. The said interest was subsequently paid to the petitioner. The petitioner thereafter claimed interest for the remaining period during which his dues remained unpaid. Pursuant to the order dated 10.11.2022 passed in C.W.J.C. No.12927 of 2022, the petitioner submitted a representation, which has been rejected by the impugned order dated 03.01.2023. Hence, the present Writ petition has been filed challenging the said order and seeking payment of interest for the period during which the petitioner's legitimate dues remained unpaid.

The Learned counsel for the petitioner submits that the petitioner had completed the work long back and the delay in payment of the admitted dues was entirely attributable to the respondents. The petitioner cannot be made to suffer for the respondents' failure to obtain the requisite sanction and approval. It is further submitted that the respondents ultimately sanctioned and paid the principal amount of Rs.29,86,948/-, thereby acknowledging the petitioner's entitlement to the said amount.

The Learned counsel for the petitioner further submits that the impugned order dated 03.01.2023 wrongly places the responsibility for the delay upon the petitioner, without considering the relevant records and the earlier decisions of the respondents and this Hon'ble Court. According to the Learned counsel for the petitioner withholding the petitioner's legitimate dues for such a long period caused substantial financial loss to him, and the petitioner is therefore entitled to reasonable interest for the period of delayed payment, and accordingly prays for quashing of the impugned order and for appropriate direction to the respondents for payment of interest in accordance with law.

A counter affidavit was filed on behalf of the respondents. The Learned counsel for the respondents submits that the present Writ is not maintainable, as the petitioner had already raised the claim for interest on delayed payment in C.W.J.C. No.9558 of 2014, which was disposed of by order dated 29.10.2018 directing payment of interest @ 6% per annum on Rs.29,86,948/- for the period from 11.11.2009 to 03.03.2015. The said order attained finality, after dismissal of Civil Review No.259 of 2019 on 24.11.2021.

The Learned counsel for the respondents further submits that the aforesaid interest amount of Rs.9,51,759/- has already been paid to the petitioner in compliance with the order of this Hon'ble Court. The subsequent Writ, C.W.J.C. No.12927 of 2022, only resulted in a direction to the competent authority to consider the petitioner's grievance, which was duly considered and rejected by a reasoned order dated 03.01.2023.

It is, therefore, submitted by the respondents that the petitioner cannot seek, in the present Writ, a fresh adjudication of the claim for interest which had already been considered by this Hon'ble Court and has attained finality, and Writ petition is barred by the principle of res judicata, and prayed to dismiss the Writ petition as it is devoid of merits.

Having considered the rival submissions and the materials on record, it is evident that the petitioner had earlier approached this Court in C.W.J.C. No.9558 of 2014, wherein he had claimed interest on the delayed payment of his dues. The said Writ petition was disposed of by order dated 29.10.2018, whereby this Court directed payment of interest @ 6% per annum on Rs.29,86,948/- for the period from 11.11.2009 to 03.03.2015. Pursuant to the said order, the interest amount of Rs.9,51,759/- was paid to the petitioner.

The petitioner, thereafter, preferred Civil Review No.259 of 2019 seeking reconsideration of the aforesaid order, which was dismissed by this Court on 24.11.2021. The order dated 29.10.2018 in CWJC No. 9558 of 2014 attained finality and became binding upon the parties.

In such circumstances, the petitioner cannot seek, by filing the present Writ petition, a fresh adjudication of the same claim for interest on the amount of Rs.29,86,948/- for the period prior to 11.11.2009. The subsequent order dated 10.11.2022 passed in C.W.J.C. No.12927 of 2022 merely required the competent authority to consider the grievance of the petitioner and did not reopen or unsettle the earlier adjudication.

The competent authority, pursuant thereto, considered the petitioner's claim and passed the reasoned order dated 03.01.2023. No ground has been made out warranting interference with the said order. This Court finds that the claim raised by the petitioner in the present Writ petition cannot be entertained.

Accordingly, this Court is of the considered view that the present Writ petition, seeking substantially the same relief which had already been considered in the earlier proceedings and attained finality, is not maintainable. The Writ petition is, accordingly, dismissed.

Interlocutory Application(s), if any, shall stand disposed of.