M/S New Bihar-Bengal Crockery House And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4346 of 2017 ====================================================== 1.

M/s New Bihar-bengal Crockery House through its sole proprietor Bimal Prasad.

2.

Bimal Prasad, son of Late Lal Chand Sao, Both having their office and residence respectively at Chandpur Bela, Gaya Line Road, Police StationJakkanpur, Town and District- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar, through its Chief Secretary, Government of Bihar, Patna. 2.

The Bihar State Disaster Management Authority through its Chief Executive Officer-cum-Secretary.

3.

The Chief Executive Officer-cum-Secretary, Bihar State Disaster Management Authority.

4.

The Under Secretary, Bihar State Disaster Management Authority, Respondents Nos. 1 to 4 having their offices at PANTH BHAWAN, Second Floor, Boring Canal Road, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajiv Nayan Singh, Advocate.

For the Respondent/s :

Mr.Md Khurshid Alam-Aag12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 18-02-2020 The petitioner namely M/s New Bihar Bengal Crockery House was entrusted with the responsibility of erecting Pandal during Sonepur Fair. The petitioner had raised a bill of Rs. 19,80,666/- out of which only an amount of Rs. 5,58,660/- has been paid and the balance amount is yet to be paid.

The claim of the petitioner stands admitted by respondent No. 2 which appears from the counter affidavit.

Patna High Court CWJC No.4346 of 2017 dt.18-02-2020 2/2 In that view of the matter there could be no reason for not making payment of the balance amount if there is no over-billing on the part of the petitioner. Should the petitioner make a suitable representation before respondent No. 2 within a period of two weeks, detailing the amount which is required to be paid to him towards the erection of Pandal in Sonepur Fair, the respondent No. 2 shall have the assertions made in the aforesaid representation verified and if it is found that the claim of the petitioner is tenable, shall pass necessary order in accordance with law within a further period of three months thereafter. Needless to state that any such order/payment be passed/made on verification of the correctness of the claim of the petitioner.

With the aforesaid direction/observation, the writ petition stands disposed off.

(Ashutosh Kumar, J) GAURAV S.

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