Northern Scientific v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7053 of 2024 ====================================================== Northern Scientific through its Proprietor Pradeep Kumar Srivastava, aged about 60 years (Male), son of Late Daroga Prasad Srivastava, Resident of Mohalla-Shantipur (Near Defina Press), Motihari, P.S.-Motihari Town, District-East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Health Department, Govt. of Bihar, Patna.

2.

The Director in Chief, Health Department, Govt. of Bihar, Patna. 3.

The Joint Secretary, Health Department, Govt. of Bihar, Patna. 4.

The Principal, Govt. Medical College, Bettiah, District-West Champaran. 5.

The Purchasing Committee, Govt. Medical College, Bettiah, District-West Champaran.

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate.

For the Respondent/s :

Mr. Government Advocate 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 04-02-2025 Heard learned counsel for the parties.

2. The present Writ Petition has been filed for the following reliefs:- "(i) For issuance of a writ in the nature of mandamus directing and commanding the respondents authority to pay Rs. 8,45,360.32 (Eight Lakhs Forty Five Thousand Three Hundred Sixty and Thirty Paise) of Supplied Laboratory Material dated 24.05.2021 vide Invoice Bill No. 01, 02 & 03 by the petitioner to the Government Medical College, Bettiah against the supply order vide letter No.

640 dated 24.04.2021 and supply order

Patna High Court CWJC No.7053 of 2024(5) dt.04-02-2025 2/3 vide letter No. 667 and 01.05.2021 respectively, deducting the earlier excess amount of Rs. 3,71,161/- and pay the rest amount i.e. Rs. 4,74,199.32/-.

(ii) For issuance of inappropriate writ/writs, order/orders, direction, directions to pay the aforesaid amount with appropriate rate of interest on with hold amount till the date of payment."

3. It is the case of the petitioner that he has supplied some materials to the respondents and total amount of bill that was to be paid to the petitioner is Rs. 8,45,360.32/-.

4. Learned counsel appearing on behalf of the petitioner has stated that though the petitioner has got issued the bills in the year 2021, till date the amounts are not paid to the petitioner except one payment of Rs. 3,62,240/-. Learned counsel has, therefore, prayed this Hon'ble Court to allow the present writ petition and direct the official-respondents to pay the balance amount.

5. Learned counsel appearing on behalf of the respondent has stated that the petitioner was earlier paid an amount of Rs. 3,62,240/- and an amount of Rs. 3,71,161/- is to be adjusted as the petitioner was erroneously paid that amount. In case, both the amounts are deducted from the bill of Rs. 8,45,360.32/-, the balance amount remaining is only Rs. 1,11,959.32/-. Learned counsel has stated that as and when

Patna High Court CWJC No.7053 of 2024(5) dt.04-02-2025 3/3 funds are received, the authorities are ready to make above balance amount to the petitioner.

6. Having regard to the above, the present writ petition is disposed of directing the respondents to make the payment to the petitioner as expeditiously as possible preferably within a period of four weeks from today. The Respondent No. 2 shall see that the necessary funds are allotted and disbursed to the petitioner.

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

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