- (1.) HEARD the parties.
(2.) IN this writ application the petitioner seeks issuance of a writ of mandamus directing the respondents to issue fresh cheque in lieu of cheque No. 5S8843 dated 13.11.2000 for a sum of Rs. 63,91,402/ - against the passed bill for package No. 23 of Rania Block together with interest at the rate of 18% per annum till the date of issuance of fresh cheque It appears that the petitioner entered into an agreement with the Chief Engineer, Rural Engineering Organisation, Chotanagpur and Santhal Pargana Division for construction of rural roads and bridges in Rania Block vide agreement No. BPDP/ REO/23/96 -97 -46 dated 4.3.1997. The petitioner executed the work. After completing all the formalities i.e., verification and measurements of the works the petitioner submitted bills and the Executive Engineer issued cheque for a sum of Rs. 63,91,402/ -vide cheque No. 588843 dated 13.11.2000 against the works certified.
(3.) IN the meantime the State of Jharkhand came into existence. By that time the cheque was not cleared although the petitioner had already submitted the cheque. It is contended by the petitioner that another cheque was issued for a sum of Rs. 11,54,416/ - vide cheque No. 588840 dated 12.11.2000 against the same package. Various other cheques were also issued which were not honoured on their presentation and ultimately it resulted in filing of a writ petition being CWJC Nos. 2199/2001. Pursuant to the direction of this Court vide order dated 31.5.2001 four cheques have been honoured. The order dated 31.5.2001 is worth to be quoted hereinbelow: '' "Heard the parties. It appears that in pursuance of agreement reached on 15.12.1995 the petitioner performed the work. On completion of such work he submitted bill for payment. The Executive Engineer, Minor Irrigation Department, Ranchi formally issued a cheque bearing No. A/3 233283 on 14.11.2000 for a sum of Rs. 3,93,763/ - in favour of petitioner in respect of package No. 42 of Kadra Block Bihar Pathari Development Project. However, the said cheque could not be encashed having issued without any clearance of the Treasury Officer concerned. Having regard to the facts and circumstances the case is remitted to respondents to find out as to whether in pursuance of work performed by petitioner the cheque aforesaid dated 14.11.2000 was issued or not. If any such cheque was issued but could not be encashed by the petitioner, the respondents will re -issue a fresh cheque on cancellation of the earlier one and pay the amount of Rs. 3,93,763/ - as was shown in the earlier cheque within one month from the date of receipt/ production of a copy of this order. The Treasury Officer concerned should cooperate in the matter. If any adverse decision is taken, the respondents will communicate the ground within the aforesaid period of one month. The writ application stands disposed of with the aforesaid observations and direction." ;