Akshara v. Bihar State Food And Civil Supplies Corporation Ltd. And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15292 of 2017 ====================================================== Akshara S/o late Suresh Kumar R/o Rubani Pokhar Khand par, P.O. P.S. Distt.- Sheikhpura.

... ... Petitioner/s

Versus

1.

Bihar State Food and Civil Supplies Corporation Ltd., Sone Bhawan, 5th Floor, Beer Chand Patel Path Patna - 800001, Through its Managing Director.

2.

The Incharge OfficerGeneral-Cum-Deputy Chief Stores B.S.F. C.S. Corporation , Patna- 800001 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Ambastha, Advocate For the Respondent/s :

Mr.Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 12-08-2025

1. The Writ petition is filed to direct the respondents to pay to the petitioner a sum of Rs. 4,43,533/- for the cost of repairing and calibration of Moisture measuring Instruments in different district offices of the Bihar State Food and Civil Supplies Corporation during the period 2014-15 to 2016-17.

2. The brief facts, as culled out from the Writ petition are that the petitioner and the 2nd respondent executed an agreement dated

2/4 09.12.2014 for calibration and repair of 534 Moisture Measuring Instruments (M.M.I.) of all the Districts of Bihar. Pursuant thereto, the petitioner was issued with the work order dated 09.12.2014 for the financial year 2014-15. Accordingly, the petitioner executed the works at the district offices of the respondent-Corporation.

After obtaining completion certificate from the office of the respective district officers, the petitioner submitted his first voucher for Rs. 2,08,520/-. However, he was paid only Rs.17,000/-. Thereafter, the petitioner was again asked to execute calibration/repaire work for the financial year 2015-16 under the earlier agreement. Accordingly, he executed works in 37 districts and submitted vouchers on 18.01.2016, for an amount of Rs. 2,38,716/-, but no payment was made. Inspite of the representation made by the

3/4 petitioner, dated 15.09.2017, he has not received any payment from the respondent-Corporation, for which he was constrained to file the present Writ petition. Annexure-10 is the said representation preferred by the petitioner

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

4. The Learned counsel for the respondents contended that direction may be issued to the petitioner to file a fresh representation along with all relevant documents to enable the respondents to settle the matter.

5. It is specific contention of the Learned counsel for the respondents that Annexure-10 is the representation, dated 15.09.2017, filed by the petitioner but relevant supporting documents were not enclosed to enable the respondents to settle

4/4 the matter.

6. Therefore, this Court is of the considered view that the petitioner shall make a fresh representation within a period of one month from the date of receipt of copy of this order with all relevant documents to enable the respondents to decide the matter.

7. In turn, the respondent Corporation shall pass appropriate order considering the bills of the petitioner and shall make payments accordingly, within three months from the date of filing of the representation in accordance with law.

8. With the aforesaid observation, the Writ petition is disposed of.

9. Interlocutory Application(s), if any, shall stand disposed of.

(G. Anupama Chakravarthy, J) amitkr/- U