R S Enterprises v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5521 of 2024 ====================================================== R S Enterprises Bhagwat Nagar, Near Ganpati Dental Hospital Patna- 800026 Through Its Director Ravi Kant, Son of Mahesh Ray, Male, aged around 35 years, Resident of Village- Hilalpur Near Hanuman Mandir, Police StationHajipur, Dist. Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Urban Development Department, Government of Bihar, Patna. 2.

The Municipal Commissioner, Patna Municipal Corporation, Patna. 3.

Additional Municipal Commissioner, Sanitation/ Municipal Finance and Account Controller, Patna Municipal Corporation Patna. 4.

Patna Municipal Corporation, Bankipur, Anchal Patna through The Executive Officer, Patna Municipal Corporation. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Bhushan Pd., Adv.

Mr. Ashok Kumar, Adv.

Mr. Rani Shashi Bharti, Adv.

For the Respondent/s :

Mr. Vijaya Laxmi Srivastava, Adv.

For the PMC :

Mr. Prasoon Sinha, Sr. Adv.

Mr. Prabhat Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 14-10-2025 Heard the learned counsel for the parties.

2. This writ petition has been filed for the following relief(s):- "I. For the payment of Rs. 9,11,475/- which is due against the material supplied by the petitioner in view of work order containing memo no-3848 dated 05.04.2020 under the signature of Executive Officer Bankipur Anchal, which has illegally withheld by the Respondent. II. For issuance of writ in nature of mandamus or any other appropriate writs,

Patna High Court CWJC No.5521 of 2024(9) dt.14-10-2025 2/3 order/orders, direction/directions for the direction to the Respondent to pay the admitted amount due to the petitioner with interest rate of 14%.

III. For the issuance of writ in nature of mandamus or any other appropriate writ, order/ orders, direction/ directions to the Respondent to compensate to the petitioner for the fact that he suffers a lot due to non-payment of amount. In spite of supplied made by him within time as per demand."

3. Learned counsel for the petitioner submits that during the Covid-19 Pandemic the petitioner has supplied various materials to the respondent Corporation herein and the total amount due to the petitioner was approximately 14,00,625/-. That out of the said amount an amount of only Rs. 4,89,150/- has been paid to the petitioner. That the respondents corporation has till date not paid the balance amount due to the petitioner.

4. In the counter affidavit filed by the respondent (Patna Municipal Corporation) it is specifically stated that the petitioner has submitted only one bill bearing memo no. 961 dated 16.04.2021 for a total amount of approximately Rs. 4,89,150/-. That after due verification the said amount has been paid after deducting the income tax. Further it is stated in the

Patna High Court CWJC No.5521 of 2024(9) dt.14-10-2025 3/3 counter affidavit that except the above mentioned bill, the petitioner has not submitted any other bill and therefore the question of paying any other amounts claimed by the petitioner does not arise.

5. Having regard to the above made submissions, the present writ petition is disposed of directing the petitioner to give a suitable representation ventilating his grievance along with the necessary bills and any other material to support his case to the respondent no. 2 herein i.e. Municipal Comissioner, Patna Municipal Corporation, Patna within a period of four weeks from today. That on such representation being made, the authority shall consider the same and in case the claim of the petitioner is found to be genuine, make the necessary payments as expeditiously as possible preferably within a period of eight weeks from the date of receipt of the copy of the representation made by the petitioner.

6. With the above directions, the present writ petition stands disposed of.

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