Pradeep Kumar v. The Principal Secretary And ANR

Patna High Court CWJC No.7698 of 2015 dt.17-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7698 of 2015 =========================================================== Pradeep Kumar son of Late Ram Gopal Mahesaria Propritor of Shri Durgha Printing Works office at C-201, Raj Kishori Complex, Mulchand Path, Chitragupta Nagar Kankarbagh, Patna .... .... Petitioner

Versus

1. The Principal Secretary Department of Education Govt Bihar Patna.

2. The Managing Director Bihar State Text Book Publishing Corporation, Budh Marg Patna .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Dayal,Advocate For the Respondent/s : Mr. ANSHUMAN SINGH, GP24 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 17-08-2015 Heard learned counsel for the petitioner and learned Counsel for the State.

2. This writ petition has been filed seeking a direction to the Respondent No. 2 to make payment of the remaining amount of admitted dues out of the total bill of Rs. 3,75,92,220.00 raised in respect of supplies of books under the 'Sarva Shiksha Abhiyan' made by the petitioner.

3. It is submitted on behalf of the petitioner that an amount of Rs.3,57,12,609.00 has been paid out of the admitted dues from the total bill of Rs. 3,75,92,220.00 as aforesaid and for which the petitioner has filed his representation before the Respondent No. 2 which is said to be pending.

4. In view of the nature of the grievance of the

Patna High Court CWJC No.7698 of 2015 dt.17-08-2015 petitioner, this writ petition is disposed of with consent of the parties, granting liberty to the petitioner to approach the Respondent No. 2 with a fresh representation, who will examine the matter and take steps for payment of the outstanding amount of the admitted dues of the petitioner within a period of four weeks from the date of receipt/production of a copy of this order. If the outstanding amount is admitted but not paid to the petitioner within the said period, then he would be entitled for simple interest at the rate of 10% per annum to be calculated from the date it became due till the date of its final payment. It is further clarified that if the remaining claim of the petitioner is not found admitted, then he should be communicated the reasons for reaching such conclusion.

(Vikash Jain, J) Chandran U