Manoj Kumar Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8986 of 2014 =========================================================== Manoj Kumar Sah @ Manoj Kimar Sah son of Babu Saheb Sah resident of J.P. Colony, Ward no.14, P.S. & District - Madhubani .... .... Petitioner

Versus

1. The State of Bihar through the District Magistrate, Madhubani

2. The Bihar State Food and Civil Supply Corporation Ltd., through its Managing Director, Sone Bhawan, R. Block, Patna

3. The District Manager, Bihar State Food and Civil Supply Corporation Ltd., District Officer, Madhubani .... .... Respondents =========================================================== Appearance:

For the Petitioner : Mr. Gagan Deo Yadav, Advocate For the Respondents : Mr. M.K.SINGH, SC6 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 08-02-2016 Heard learned counsel for the petitioner and learned Counsel for the State.

2. The present writ petition has been filed for a direction to the respondents to make payment of the amount claimed by the petitioner to be due to him pursuant to transporting and milling of paddy having been done in terms of the tender awarded in favour of the petitioner.

3. It is submitted on behalf of the petitioner that despite being entitled to the payment amounting to Rs.1,25,00,000/- as claimed by the petitioner, no payment whatsoever has been made for which bill has been submitted.

4. In the above view of the matter, this writ petition

Patna High Court CWJC No.8986 of 2014 dt.08-02-2016 is disposed of with consent of the petitioner, granting him liberty to approach the District Manager, Bihar State Food and Civil Supplies Corporation Ltd., District Office, Madhubani (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 9% 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.

5. 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 U