Ashok Kumar v. The Bihar State Election Commission

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3839 of 2020 ====================================================== Ashok Kumar Son of Ambika Yadav resident of Rituza, Magistrate Colony Main Road, Asiana Nagar, Police Station- Rajeev Nagar, District- Patna, proprietor, A.R. Software, Saketpur, registered office- Near Bazar Sammittee Patna.

... ... Petitioner/s

Versus

1.

The Bihar State Election Commission through its Election Commissioner having office at R Block, Patna.

2.

The Election Commissioner, the Bihar State Election Commission, having office at R Block, Patna.

3.

The District Magistrate cum District Election Officer, Purnea. 4.

The Deputy Election Officer, Purnea.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Karn For the S.E.C.

:

Mr. Amit Shrivastava Mr. Sanjeev Nikesh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-02-2020 Heard the learned counsel for the petitioner and the learned counsel for the respondents.

The present writ petition has been filed to direct the respondent authority namely District Magistrate-cum-District Election Officer, Purnea, respondent no. 3, to pay the amount of Rs. 73,84,558/- along with statutory interest as the petitioner had completed the work in light of the work order contained in Letter No. 399 dated 27.06.2018 and the work order contained in Letter No. 47 dated 18.01.2018, issued by the District Magistrate-cumDistrict Election Officer, Purnea. The learned counsel for the petitioner fairly submits that the petitioner be granted liberty to file representation before the respondent no. 3 i.e. the District Magistrate-cum-District Election Officer, Purnea for redressal of his aforesaid grievances and

Patna High Court CWJC No.3839 of 2020(2) dt.19-02-2020 2/2 payment of the entire admitted outstanding dues. Having regard to the facts and circumstances of the case and considering the short prayer made by the petitioner, I deem it fit and proper to grant liberty to the petitioner to approach the respondent no. 3 by filing appropriate representation within a period of eight weeks from today, whereupon the respondent no. 3 shall adjudicate upon the same and pass a reasoned and a speaking order within a period of eight weeks thereafter and in case any admitted dues are found payable, the same would be paid within a further period of six weeks therefrom.

It is needless to state that in case the aforesaid time line is not adhered to by the respondent no. 3, the admitted outstanding dues found payable, shall carry interest @ 9 % per annum from the day the same became due.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U