M/S Sri Durga Printing Works Through Its Manager Prasant v. The Secretary, Sc/ St Welfare Department, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1695 of 2019 ====================================================== M/s Sri Durga Printing Works, through Its Manager Prasant, male, age 33 years, Son of Sri Pradeep Kumar, C-202, Raj Kishori Complex Moolchand Path, Bahadurpur Gumti, Patna- 800020.

... ... Petitioner/s

Versus

1. The Secretary, SC/ ST Welfare Department, Bihar, Patna.

2. The Director SC/ST Welfare Department Bihar Patna.

3. The District Welfare Officer Collectoriate Office, Nalanda, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Dayal, Adv.

For the Respondent/s :

Mr.Lala S.N.Rai, AC to GP 2.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-02-2019 Petitioner has moved this Court in its writ jurisdiction for a direction to the respondent authorities to pay a total amount of Rs.7,14,000/- with interest thereon at the rate of 15% per annum which he claims to be an admitted dues on account of supply of stationery materials in the Scheduled Caste Government Residential School, District-Nalanda. Learned counsel for the petitioner has drawn the attention of this Court towards Annexure '2' to the present writ application which is a letter bearing No.1582 dated 25.06.2018 written by the Director of the Scheduled Castes and Scheduled Tribes Department, Government of Bihar to the District Welfare Officer, Nalanda in which a direction has been issued to the District Welfare Officer to make the payment of the bills in the

Patna High Court CWJC No.1695 of 2019(2) dt.06-02-2019 2/3 light of the Departmental Letter No.6257 dated 17.12.2016. It is further stated in the letter that prior to making payment of the bills it should be inquired that the same has not been paid earlier. The letter also states that in case any additional fund is required, a requisition towards the same should be sent immediately.

Learned counsel submits that in the light of Annexure '2', the petitioner has represented before the District Welfare Officer, Nalanda vide Annexure '3' to the writ application as back as on 30.07.2018 but no payment has been made so far. Learned counsel for the State is present.

In the facts and circumstances of the case, it is submitted that an appropriate direction may be issued to the District Welfare Officer, Nalanda to make payment of the bills of the petitioner after appropriate verification. This court, therefore, disposes of this writ application with a direction to the District Welfare Officer, Nalanda (respondent no.3) to make payment of the admitted dues of the petitioner upon verification of the bills in accordance with the Departmental letter and directions. Payments whatsoever is admitted must be paid within a period of two months from the date of receipt/production of a copy of this order. If any portion

Patna High Court CWJC No.1695 of 2019(2) dt.06-02-2019 3/3 of the bill is not payable and is not paid, reasons thereof shall also be communicated to the petitioner in writing within the aforesaid period. This is made clear that if the admitted dues is not paid within the aforesaid period, the District Welfare Officer, Nalanda would be liable to pay interest thereon at the rate of 6% per annum and the same may be recovered from him. (Rajeev Ranjan Prasad, J) R.R.Ojha/- U