Manish Tripathi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6523 of 2019 ====================================================== Manish Tripathi S/O Kameshwar Kant Tripathy R/O - Village - Bada Parenwa, Ward No. - 01, P.O. and P.S. - Raxaul,District - East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar Sceretary Food and Consumer Protection department, Bihar, Patna.

2.

The Managing Director, Bihar State Food and Civil Supply Corporation, Patna Bihar.

3.

The District Collector, Motihari, East Champaran. 4.

The District Manager, Bihar State Food and Civil Supply Corporation, Motihari, East Champaran.

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

For the Petitioner :

Mr. Krishna Mohan Mishra, Adv.

For the State :

Mr. S. Raza Ahmad (Aag5) For the Corporation :

Mr. Shailenda Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 30-01-2024

1. Heard Mr. Krishna Mohan Mishra for the petitioner, S. Raza Ahmad for the State and Mr. Shailendra Kumar Singh for the Corporation.

2. Petitioner was appointed/engaged as Transportingcum Handling Agent for the period 2012-13. The petitioner claims to have completed the work according to the requirement and submitted the bills in the sum of Rs. 14 lacs and odd together with the required certificates in 2013. The grievance is that the respondent District Manager has not cleared the bill

Patna High Court CWJC No.6523 of 2019(3) dt.30-01-2024 2/3 inasmuch as the security deposit of Rs. 5 Lakh and have also not released.

3. A counter affidavit was required from B.S.F.C. but the same has not been filed. However, Shailendra Kumar Singh for the Corporation, on instruction, states that if the claim of the petitioner is pending before the District Manager, this Court may direct for consideration and payment thereof by the concerned District Manager, if not already cleared/paid.

4. Counsel for the petitioner has also agreed for disposal of the case in the aforesaid terms.

5. Having heard the parties and in the light of submissions made by them, the present writ petition is disposed of by directing the respondent District Manager, B.S.F.C., Motihari, East Champaran (respondent no. 4) to examine the claim/bill of the petitioner already submitted before him and clear the same for payment in respect of the admissible dues as quickly as possible preferably within eight weeks from the date of receipt/production of a copy of this order. In case the said respondent fails to do so, the respondent shall pay interest @ 10 % per annum on the security deposit which the petitioner has made from the date of expiry of the time granted by the present order. This order has been passed on the premise that the

Patna High Court CWJC No.6523 of 2019(3) dt.30-01-2024 3/3 petitioner shall fully cooperate with the authority in consideration of the claim.

(A. Abhishek Reddy , J) Gauravkr/- U