Bipin Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7299 of 2023 ====================================================== Bipin Kumar Singh S/o Ram Jatan Singh, Resident of Vill-Nauwadih, Khalpura Bala, Gultenganj, Distt-Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary General Administration Department, Bihar, Patna.

2.

The Principal Secretary, General Administration Department, Govt. of Bihar, Patna.

3.

The Commissioner, Saran Division, Saran at Chapra. 4.

The District Magistrate cum District Election Officer, Saran at Chapra. 5.

The Municipal Commissioner, Chapra Municipal Corporation, Chapra, Saran.

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

For the Petitioner/s :

Mr. Nagendra Prasad Yadav No.1, Advocate.

For the Respondent/s :

Dr. Mankeshwar Sinha, AC to AAG-3.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 14-09-2023 Heard the parties.

2. The present writ petition has been filed for the following reliefs:- "(i) For issuance of appropriate writ(s)/order/direction(s)commanding upon the Respondents to immediately release the Petitioner's Bill amount of Rs. 10,45,291/- (Ten Lakhs Forty Five Thousand Two Hundred and Ninety one)only submitted before the Respondents for supply of various items during the Municipal Election 2022 periods.

(ii) For also direction upon the Respondents to pay the arrears of Bill

Patna High Court CWJC No.7299 of 2023(2) dt.14-09-2023 2/3 with statutory interest @18% p;.a. with cost to the Petitioner which has been kept pending since long."

3. Learned counsel appearing on behalf of the petitioner has stated that in spite of supplying various items during the Municipal Election, 2022, the respondents have not paid the amounts due to the petitioner. Learned counsel has stated that in spite of giving representation dated 14.03.2023, the authorities are not paying the amount due to the petitioner. Learned counsel has stated that an amount of approximately more than Rs. 10 Lakhs is due from the respondents. Therefore, learned counsel has prayed that a direction may be given to the authorities to dispose off the representation made by the petitioner and the amount due may be paid.

4. Per contra learned counsel appearing on behalf of the respondents has stated that the petitioner may make a fresh representation to the District Magistrate and the said authority may be directed to dispose off the said representation and suitable orders passed.

5. Having regard to the above made submissions, without going into the merits or demerits of the case the present CWJC is disposed off directing the petitioner to make a fresh representation ventilating his grievance to the Respondent No. 4 i.e. the District Magistrate-cum-District Election Officer, Saran

Patna High Court CWJC No.7299 of 2023(2) dt.14-09-2023 3/3 at Chapra herein within a period of four weeks from today. On such representation being made, the same shall be considered on its own merits and necessary orders passed.

6. It is needless to mention that before passing any order the petitioner shall be put on notice and given an opportunity of hearing. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks from the date of receipt of the representation made by the petitioner. Any order passed shall be communicated to the party. If the District Magistrate come to the conclusion that the claims of the petitioner merits consideration and any amounts are payable, the same shall be paid immediately.

7. With the above direction, the present writ petition stands disposed off.

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