- (1.) Heard learned counsel appearing for the petitioner and learned counsel for the State. Learned counsel appearing for the petitioner submits that an agreement was arrived at in between the petitioner and the respondents vide agreement bearing No. IF2 of 2007-2008 for construction of Homeguard Officecum- Training Centre at Deoghar. The petitioner completed the work and handedover the building to the Department on 17th March, 2009, but still Rs. Three Lakh fifity thousand has not been paid though the respondents has already paid a sum of Rs. Forty three Lakhs and when such payment was not made, the petitioner filed a representation before the Executive Engineer, Building Division, Deoghar, but no decision has been taken as a result of which he has not been paid the admitted amount to the extent of Rs. three lakh fifity thousand.
(2.) A counter-affidavit has been filed on behalf of the respondents, wherein, it has been stated that there has been deviation to the extent of 25% and, therefore, the payment is to be made only after the Administrative Department i.e. Home Department gives its concurrence for payment though the Chief Engineer of Building Construction Department, State of Jharkhand, Ranchi, has made recommendation for payment of the amount in spite of deviation being made during construction of the building.
(3.) Having heard learned counsel appearing for the parties, the claim of the petitioner has been admitted by the respondents as it does appear that the Chief Engineer, Building Division, Ranchi vide its letter bearing Letter No. 2650, dated 3rd November, 2010, had written to the Principal Secretary, Home Department, Jharkahnd, Ranchi, for according sanction for making payment of the amount which has exceeded to the extent of 25%, but no decision in this respect seems to have been taken by the Principal Secretary, Home Department, State of Jharkhand, Ranchi. In that view of the matter, this writ application is disposed of, with a direction to the Principal Secretary, Home Department, Jharkahnd, Ranchi to take a decision in this respect, within a period of four weeks, from the date of production/receipt of a copy of this order. If the amount is found payable to the petitioner, the same be paid immediately thereafter.;