Khoshi Devi v. The State Of Bihar And ORS

Patna High Court CWJC No.22097 of 2013 dt.23-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22097 of 2013 =========================================================== Khoshi Devi, wife of Dinesh Pd. Manjhi Proprietor M/S. Dinesh Fuel Centre, L.R.P. Chowk Bahadurganj, District-Kishanganj, Resident Of Mohalla Bahadurganj, District Kishanganj, resident of Mohalla- Bahadurganj, P.O. and P.S.-Bahadurganj, District - Kishanganj, Bihar .... .... Petitioner

Versus

1. The State of Bihar

2. District Magistrate-Cum-District Election Officer (Panchayat) Kishanganj

3. District Panchayati Raj Officer, Kishanganj

4. District Transport Officer-Cum-Incharge Officer, Vechicle Cell, Kishanganj .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Amal Kumar Sinha, Advocate. For the Respondents : Mr. Prashant Pratap, GP-6 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 23-11-2017 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 her pursuant to supply of petrol and diesel for the Panchayat Elections, 2011 having been made by the petitioner.

3. It is submitted on behalf of the petitioner that despite being entitled to the amount as claimed by the petitioner, only partial payment of Rs. 2.5 lacs has been made, leaving a considerable amount of Rs. 3,16,328.94 remaining to be paid, despite several representations before the various authorities having already been filed which however are still pending.

4. In the above view of the matter, this writ petition is disposed of with consent of the petitioner, granting him liberty to

Patna High Court CWJC No.22097 of 2013 dt.23-11-2017 approach the District Magistrate-cum-District Election Officer (Panchayat), Kishanganj (Respondent No.

2) with a fresh representation for redressal of her 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 6% 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/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 24.11.2017 Transmission Date N.A.