S.J.MUKHOPADHAYA, J. - (1.) THE petitioner, stated to have performed certain work in pursuance of agreement reached between him and the State. He having not paid the admitted dues had to move before this Court in CWJC No. 1845/1996 (R). The said case was allowed to be withdrawn by this Court on 11th October, 1995 to file representation before the respondent No. 2 (Chief Engineer, N.H. Road Division, Patria) for redressal of his grievance.
(2.) THEREAFTER the representation of petitioner having not disposed of the petitioner moved in CWJC No. 3780/1997 (R). In the said CWJC No. 3780/1997 (R), a Bench of this Court vide order dated 5th May, 1999 taking into consideration two letters dated 16th September, 1998 and 5th November, 1998 written by the Chief Engineer to the Executive Engineer to took into the matter so that the necessary decision may be taken, did not choose to give any specific finding and disposed of the writ petition with a direction to the respondent No. 2 (Chief Engineer, N./H. Division, Patna) to consider the claim of petitioner and pay admitted dues. However, it was observed that if the respondent fails to pay even the admitted dues the petitioner shall be at liberty to approach the appropriate forum under the agreement or even to Civil Court for recovery of the amount. The respondent was directed to communicated the decision to petitioner at the earliest. Thereafter no decision having communicated by the Chief Engineer, N.H. Division, Patna nor any amount having paid, the present writ petition has been preferred by the petitioner. Mr. K.K. Jha, "Kamal", counsel for the petitioner submitted that inspite of the fact that the Executive Engineer, N.H. Division No. 2, Dhanbad admitted that the petitioner is liable to be paid a sum of Rs. 7,35,102.50/ - and made requisition for payment of such dues to the petitioner, no payment has been made.
(3.) THE Counsel for the respondent states and submits that the present writ petition is barred by res judicata, the earlier order having passed by this Court in the case of petitioner for same relief.;