M/S Akash Bricks, Chako Chchapra, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24490 of 2018 ====================================================== M/s Akash Bricks, Chako Chchapra, Turki Khararu, P.S. Meenapur, District Muzaffarpur through its Proprietor Sanjeev Kumar Shahi Son of Sri Ram Sakal Shahi, Resident of Akharaghat, Nazirpur Sheikhpur P.S. Ahiyapur, District Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Rural Development Department, Govt. of Bihar, Patna.

2.

The District Magistrate, Sheohar at Sheohar 3.

The Deputy Development Commissioner, Sheohar at Sheohar 4.

The Deputy Development Commissioner, Sheohar at Sheohar 5.

The Block Programme Officer, Tariyani Dist.-Sheohar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Mayanand Jha, Sr. Advocate Mr. Abhayanand, Advocate For the Respondent/s :

Mr. Anjani Kumar, AAG 4 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 12-09-2025

1. The petitioner has filed the instant application for the following reliefs:

"For issuance of an appropriate writ/order/direction commanding the Respondent authorities to make payment of the cost of bricks supplied by the petitioner under MNREGA within Gram Panchayat Raj, Sonbarsa, within Tariyani Block of

2/5 Sheohar District to the tune of Rs.

390043 (Rupees three lacs ninety thousand forty three) only and credit the same in the correct name and Bank account number of the petitioner (in the Union Bank Of India either in Account No.300305010002368 in the name of M/S Akash Bricks, or Account No.

300302010030206 in the name of its proprietor Sanjeev Kumar Shahi) as the same has not been credited in his account and remained with the Govt.

agency due to wrong entries (mismatch) made in the FTO No.

BH0543002 170615 FTO 71230 although the bill was approved and payment was ordered but as per the entries in the FTO, the payment was ordered to be made in the name of "Aakash Int Udhyog" instead of the real name of the firm "Akash Bricks" and the account No. of its proprietor Sajeev

3/5 Kumar Shahi was entered in place of the account No. of the firm."

2. Heard the Learned counsel for the petitioner as well as the respondents.

3. It is an undisputed fact on record that the petitioner had supplied bricks to the executing agency under MNREGA, and the bills were duly approved for payment. However, due to a clerical error, the payment order reflected the name "Aakash Int Udhyog" instead of the petitioner's correct firm name "Akash Bricks," and the bank account number mentioned therein was that of the proprietor, Sanjeev Kumar Shahi, instead of the firm's account. As a result, the payment has not been credited to the petitioner's account.

4. The petitioner has placed on record the passbook of the relevant bank account showing that no payment was received, despite repeated representations.

5. Annexures B and C to the counter

4/5 affidavit reveal letters dated 05.07.2022 and 16.01.2023 written by the District Magistrate, Sheohar, to the Secretary, Rural Development Department, Government of Bihar, seeking confirmation as to whether the amount was credited in the relevant account. However, no response has been received from the office of the Secretary, Rural Development Department till date.

6. The grievance of the petitioner, being a small-scale industry, has remained unattended for over eight years, causing undue financial hardship. The value of the admitted amount due has depreciated significantly during this period, which calls for consideration of interest on the delayed payment.

7. The Court has examined the materials on record and finds that the respondents were aware of the mismatch in the Firm Transfer Order (FTO) details which led non-payment. The department's failure to rectify the error despite several communications reflects gross insensitivity

5/5 towards the petitioner's legitimate grievance.

8. In view of the above, the petitioner is entitled to receive the admitted dues forthwith. Accordingly, the Secretary, Rural Development Department, Government of Bihar, Patna, and the District Magistrate, Sheohar, are hereby directed to ensure payment of the admitted amount of Rs. 3,90,043 (Rupees Three Lakhs Ninety Thousand Forty-Three) to the petitioner within a period of two months from the date of receipt or production of a certified copy of this order.

9. With the above observations and directions, the writ petition is allowed.

10. Interlocutory Application, if any, shall stands disposed of.

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.09.2025 Transmission Date