North Bihar Tent House Through Its Proprietor Arvind Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16919 of 2015 ====================================================== North Bihar Tent House through Its Proprietor Arvind Kumar Singh son of Late Deo Chandra Prasad Singh, resident of Damu Chowk, P.S. - Chhata Chowk, District - Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Home, Bihar.

2.

District Magistrate, Muzaffarpur.

3.

Additional District Magistrate, Muzaffarpur.

4.

Treasury Officer, Muzaffarpur.

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

For the Petitioner/s :

Mr. Mr. Mrigank Mauli, Advocate.

Mr. Sanjay Kumar, Advocate.

For the Respondent/s :

Mr. Kumar Priya Ranjan- SC 23 Mr. Anirban Kundu, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 02-12-2023 Heard learned counsel for the parties.

2. The present Writ Petition has been filled for the following reliefs:- "For issuance of writ in the nature of Mandamus directing the Respondent No. 1 i.e. District Magistrate for releasing the due amount to the Petitioner and ensuring the payment to the Petitioner to the tune of Rs. 90,72,668/- (Ninety Lacs Seventy Two Thousand Six Hundred and Sixty Eight) against the supply made by the Petitioner as contained in the work order dated 29.11.2014 issued by the Officer of the Collector, Muzaffarpur-during the Army Recruitment Rally held in between 03.12.2014 to 11.12.2014 at Nehru Stadium, Sikandarpur, Muzaffarpur and further directing the Respondent Authorities to pay interest upon the amount for wrongfully retaining the amount for such a long time."

Patna High Court CWJC No.16919 of 2015(7) dt.02-12-2023 2/2

3. Learned counsel appearing on behalf of the petitioner has stated that though the petitioner had completed the works and submitted the bills to the tune of Rs. 90,72,668/-, the authorities have only paid an amount of Rs. 60,41,295/-. Learned counsel has stated that the respondents are disputing the balance amounts payable to the petitioner. Learned counsel has stated that though counter affidavit has been filed, he could not contact his client and therefore, requests this Court to dispose off the present writ petition with a liberty to the petitioner to approach the Bihar Public Works Contracts Disputes Arbitration Tribunal.

4. Having regard to the above made submission, the present Writ Petition is disposed off with a direction to the petitioner to approach the Bihar Public Works Contracts Disputes Arbitration Tribunal by way of reference case within a period of four weeks from the date of receipt of this order for the balance amounts payable by the authority concerned.

5. With the above direction, the present writ petition stands disposed off to the extent indicated above. (A. Abhishek Reddy , J) shakir/- U