Arun Kumar v. The Secretary Department Of Rural Development Government Of Bihar Patna. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16685 of 2016 =========================================================== Arun Kumar Son of late Ram Gopal, Mahensaria Proprietor of M/s Arunalay flat no. 107, Rajkishori Complex, Mulchand Path, New Colony Chitragupta Nagar Kankarbagh, Patna 800020 .... .... Petitioner

Versus

1. The Secretary Department of Rural Development Government of Bihar Patna.

2. The Commissioner Manrega, Department of Rural Development Society Government of Bihar Patna

3. The Deputy Development Commissioner DRDA Office Munger Bihar

4. The Chairman, Unique Identification Authority of India, 3rd Floor, Tower II, Jeewan Bharati Building, Cannaught Circus, New Delhi- 110001.

5. The Chief Executive Officer, Unique Identification Authority of India, 3rd Floor, Tower II, Jeewan Bharati Building, Cannaught Circus, New Delhi- 110001.

6. The Deputy Director General, Unique Identification Authority of India(UIDAI) Regional Office, Ist Floor, RIADA Central Office Building, Namkum Industrial Area, Near STPL Lowadih, Ranchi- 834010. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Vikash Kumar, Advocate. For the UIDAI : Mr. Ram Anurag Singh, CGC For the State : Mr. Harish Kumar, GP-8 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 02-05-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. This matter has been taken up out of turn on the request of learned counsel for the petitioner for payment of his outstanding dues.

3. The present writ petition has been filed for a direction to the respondents to make payment of the dues owing to the

petitioner in respect of the work of supply of Aadhar I.E.C. material and flex banners in all districts of Bihar, and for connected reliefs.

4. Learned counsel for the petitioner states that out of the total dues of Rs. 2,50,03,936/- for supply of the aforesaid materials which has been completed by the petitioner, the respondents have made only part payment and a considerable amount of Rs. 1,53,04,080/- remains outstanding for payment.

5. Learned counsel for the respondents submits that the matter is under active consideration and has stated in para-10 of the counter affidavit filed on behalf of the respondent no. 1, the quality and quantity of the material supplied by the petitioner has to be determined and eight weeks' time has been sought for the purpose and for settlement of the matter.

6. Having regard to the nature of the grievances of the petitioners and with consent of the parties, this writ petition is disposed of with a direction to the Secretary, Department of Rural Development Government of Bihar, Patna (Respondent No. 1) to ensure payment to the extent found due to the petitioner, within a period of eight weeks from the date of receipt/production of a copy of this judgment. 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 claim shall be disposed of by a speaking order in that regard.

7. 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/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 04.05.2018 Transmission Date N.A.