Siyaram Rai vs Dhanbad Municipal Corporation and Others

Aparesh Kumar Singh, J.—I.A. No. 216/13 Counsel for the petitioner does not intend to press the instant I.A. Accordingly, it is dismissed. However, counsel for the petitioner submits that the main writ application was preferred for directing the official respondents of Dhanbad Municipal Corporation to pay certain admitted dues along with statutory interest relating to the security deposit under Contract Nos. F2-2/08-09 and F2-1/08-09. It is submitted that during the pendency of the writ application, the grievance of the petitioner relating to Contract No. F2-2/08-09 has beer redressed and by virtue of I.A. No. 3446/12 preferred earlier by him, he has been allowed to withdraw his claim relating to the said contract.

However, it is submitted that for the subsisting grievance relating to the claim of certain outstanding dues in relation to Contract No. F2-1/08-09, respondents may be directed to consider and dispose of the representation earlier preferred by him being Annexure-4, by passing a reasoned and speaking order.

Counsel for the respondents does not object to the same. In the circumstances, without getting into the merits of the controversy in the matter relating to the payment of outstanding dues arising out of Contract No. F2-1/08-09, the writ petition is disposed of by allowing liberty to the petitioner to approach the respondent No. 2 - The Chief Executive Officer, Dhanbad Municipal Corporation, Dhanbad with a fresh representation containing all necessary facts and documents, within a period of three weeks from today. On receipt of such representation, the respondent No. 2 shall consider the same in accordance with law as also on verification of record and pass a reasoned and speaking order, within a period of ten weeks thereafter, which shall also be communicated to the petitioner. In case the claim of the petitioner is found legally admissible and genuine, payment of such outstanding dues shall be made within a period of four weeks thereafter.