Patna High CourtCWJC/6889/2016disposed

Rohan Raj v. The State Of Bihar And ORS

2017-10-30Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6889 of 2016 ======================================================

1. Rohan Raj Son of Sri Rajendra Prasad, Resident of Village - Behat, Police Station - R.S. Shivir, Jhanjharpur, District - Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Panchayati Raj Department, Government of Bihar, Patna.

2. The Special Work Officer, Panchayati Raj Department, Government of Bihar, Patna.

3. The District Magistrate - cum - District Election Officer, Madhubani.

4. The District Panchayat Raj Officer, Madhubani.

5. The Sub - Divisional Officer, Phulparas, District - Madhubani.

6. The Block Development Officer, Phulparas, District - Madhubani.

7. The Anchal Adhikari Phulparas, District - Madhubani.

8. The Block Supply Officer, Phulparas, District - Madhubani. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Prasad For the State : Mr. Manoj Kr.Ambastha, SC 26 Mr. Subodh Kumar, AC to SC 26 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present case, petitioner is claiming for payment of Rs. 3,71,669/- along with interest for supply of diesel and petrol of Panchayat Election, 2011, Phulparas Sub Division, District Madhubani.

There is no dispute that petitioner is running a petrol pump in the name and style of M/S Ishani Fillings (Dealer Bharat Petroleum Corporation Limited, Brahampur N.H.57,

Patna High Court CWJC No.6889 of 2016 (2) dt.30-10-2017 Phulparas and during Panchayat Election, 2011 petitioner was directed to supply diesel and petrol and accordingly he has supplied the same.

In the counter affidavit in paragraph 8 it has been stated that already amount of Rs. 1 lac has been given to the petitioner by way of advance and after adjustment he is entitled to Rs. 1,78,635/-.

In such view of the matter, the District Magistrate-cumDistrict Election Officer, Madhubani is directed to release amount of Rs.1,78,635/- along with 8% simple interest within a period of four weeks from the date of receipt/production of a copy of this order. In failure to release the admitted dues, the same will carry interest of 18% simple interest. For disputed amount the petitioner, if so advised, may approach before the District Magistrate, Madhubani who will take decision in accordance with law.

With the aforesaid observation and direction this writ petition is disposed of.

Vinay/- (Shivaji Pandey, J) U