Bhola Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.5881 of 2018 dt.10-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5881 of 2018 =========================================================== Bhola Singh S/o Late Nand Kishore Singh, R/o Vill-Sadanandpur, P.O. and P.S. Baliya, District-Begusarai, Sole Proprietor of M/s Simaran Vermi Compost. .... .... Petitioner/s

Versus

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

2. The Principal Secretary, Agriculture Department, Government of Bihar, Patna.

3. The Director of Agriculture, Agriculture Department, Government of Bihar, Patna.

4. The District Agriculture Officer, Begusarai. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Nikhil Kumar Agrawal, Adv Ms. Aditi Hansaria, Adv For the Respondent/s : Mr. ANANT PD.SINGH -SC15 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 10-05-2018 The present writ petition has been filed for the following reliefs - (i) To issue an appropriate writ/order/direction in the nature of mandamus directing the respondent authorities to make payment of the remaining admitted amount of Rs. 5.00 lacs which the petitioner was entitled to receive as per the terms and conditions agreed upon between the parties.

(ii) To any other relief or reliefs for which the petitioner is found to be entitled in the facts and circumstances of the case.

2. It is submitted that despite having completed the contractual obligations and the petitioner achieved the target of production of the required quantity of vermi-compost of 3000 MT, payment has been made only to the extent of Rs. 10,00,000/- each in two instalments as against Rs. 12,50,000/- each to which the petitioner was entitled. It is, therefore,

Patna High Court CWJC No.5881 of 2018 dt.10-05-2018 submitted that the petitioner remains entitled for an amount of Rs. 5,00,000/- which remains outstanding.

3. Having regard to the nature of the grievances of the petitioner and with the consent of the parties this writ petition is disposed of, granting liberty to the petitioner to approach the Director of Agriculture, Agriculture Department, Government of Bihar, Patna (Respondent No. 3) with a fresh representation for redressal of his grievances. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of, ensuring payment to the extent found due to the petitioner, within a period of six weeks from the date of receiving the petitioner's representation. Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioner to receive payment together with simple interest at the rate of 6% per annum on the admitted dues calculated from the date when the amount became due till the date of its actual payment. In case the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be disposed of by a speaking order in that regard.

4. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 17.05.2018 Transmission Date NA