M/S Subhash Traders v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16452 of 2015 =========================================================== M/s Subhash Traders having its registered office at Madhubani Bus Stand Chowk, Janakpur Road, Pupri, P.S. - Pupri, District - Sitamarhi, through its Proprietor Vikash Kumar Son of Sri Kameshwar Mishra R/o Janakpur Road Pupri, P.S. - Pupri, District - Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Agriculture Department, Government of Bihar, Patna.

2. The Director, Agriculture Department, Government of Bihar, Patna.

3. The District Agriculture Officer, Sitamarhi, District - Sitamarhi. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate. For the Respondent/s : Mr. Din Bandhu Singh, GP-9 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 03-12-2015 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 being entitled to the amount as claimed by the petitioner, only partial payment has been made, leaving a considerable amount outstanding to be paid.

4. In the above view of the matter, this writ petition

Patna High Court CWJC No.16452 of 2015 dt.03-12-2015 2/2 is disposed of with consent of the petitioner, granting him liberty to approach the District Agriculture Officer, Sitamarhi, DistrictSitamarhi (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 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