Gauri Shankar Pradhan v. The State Of Bihar And ORS

Patna High Court CWJC No.13290 of 2013 dt.27-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13290 of 2013 =========================================================== Gauri Shankar Pradhan Son of Sri Permanand Pradhan, Proprietor, Santosh Tent House (Benipatti), Resident Of Village- Mahmadpur, P.O.- Depura, P.S.- Benipatti, District- Madhubani, At Present Residing At Lohiya Chowk, Main Road, At & P.O. & P.S.- Benipatti, District- Madhubani .... .... Petitioner/s

Versus

1. The State Of Bihar, Through the Chief Secretary, Government Of Bihar, Patna

2. The District Magistrate- Cum- Collector, Madhubani

3. The Sub-Divisional Officer-Cum-Returning Officer Of 2010 Legislative Assembly Election, Benipatti, At & P.O. & P.S.- Benipatti, District- Madhubani

4. The Block Development Officer, Benipatti Block, At & P.O. & P.S.- Benipatti, District- Madhubani

5. The Accountant, Benipatti Block, At & P.O. & P.S.- Benipatti, DistrictMadhubani

6. The Nazir, Benipatti Block At & P.O. & P.S.- Benipatti, District- Madhubani

7. Sri Arun Kumar, The Then Block Development Officer, Benipatti Block, Null District- Madhubani At Present Posted As Block Development Officer, Bikramganj Block, District- Rohtas .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. VED PRAKASH SRIVASTVA, ADV Mr. MAHESH RANJAN PARBT For the Respondent/s : Ms. SMRITI SINGH, AC TO AAG 10 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 27-08-2018 The present writ petition has been filed for payment of admitted dues to the tune of Rs. 3,66,862/- against the contract works of supply of tent, light, sound etc., at different places during the 2011 Legislative Assembly elections; and for connected reliefs.

2. Learned counsel for the petitioner submits that despite having completed the contract work during the 2011 Legislative Assembly elections an amount of Rs. 3,66,862/- remains outstanding for payment.

4. Learned counsel for the respondents appears and has

Patna High Court CWJC No.13290 of 2013 dt.27-08-2018 been heard.

5. Having regard to the nature of the grievances of the petitioner and with the consent of the parties this writ petition is disposed of, granting liberty to the petitioner to approach the Sub Divisional Officer-cum-Returning Officer of 2010 Legislative Assembly Election, Benipatti, At & P.O.and P.S. Benipatti, District Madhubani (Respondent No. 3) 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 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.

6. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 30.08.2018 Transmission Date NA