M/S. New Shiv Shakti International@ New Shiv Shakti Enterprises v. The State Of Bihar And ORS

Patna High Court CWJC No.6668 of 2014 dt.18-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6668 of 2014 ===========================================================

1. M/S New Shiv Shakti International @ New Shiv Shakti Enterprises Hari Om Commercial Complex Shop No. B- 19, New Dak Banglow Road, Patna, Through Its Proprietor, Ram Kishore Singh, Son Of Ram Naresh Singh, Resident Of Biscomoun Colony, P.O.- Gulzarbagh, P.S.- Alamganj, District- Patna .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The District Magistrate, Motihari (East Champaran)-Cum-District Election Officer, Motihari (East Champaran)

3. The District Panchayat Officer, Motihari, District- Motihari

4. The Chief Secretary, Panchayat Raj Bihar, Patna

5. The Secretary, State Election Commission, Bihar, Patna

6. The Block Development Officer, Motihari Sadar, Motihari (East Champaran) .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Syed Md.Iqbal Hasan Rahmani, Advocate. For the Respondent/s : Mr. Anshul, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 18-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for a direction to the respondents to make payment of the amount claimed by the petitioner to be due to him pursuant to work having been completed in terms of the tender awarded in favour of the petitioner.

3. It is submitted on behalf of the petitioner that despite having completed the work of data entry and printing job of voter list for Bihar Panchayat Election, Patna, the amount of

Patna High Court CWJC No.6668 of 2014 dt.18-01-2016 Rs. 19,04,810/- claimed by the petitioner has yet to be paid.

4. In the above view of the matter, this writ petition is disposed of with consent of the petitioner, granting him liberty to approach the Secretary, State Election Commission, Bihar, Patna (Respondent No. 5) with a fresh representation for redressal of his grievances. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of, ensuring payment to the extent found due to the petitioner, within a period of six weeks from the date of receiving the petitioner's representation. Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioner to receive payment together with simple interest at the rate of 9% per annum on the admitted dues calculated from the date when the amount became due till the date of its actual payment. In case the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be disposed of by a speaking order in that regard.

5. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) Md. Ibrarul/- U