Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL WRIT JURISDICTION CASE NO. 231 of 2021 ====================================================== Jitendra Kumar son of Sobhnath Rai of village- Dalluchak Kothwan, P.S. Khagaul, District Patna, Proprietor- M/s Khagaul Data Solution, Dalluchak Kothwan, P.S. Khagaul, District Patna.

... ... Petitioner/s

Versus

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

2. The Joint Secretary, Department of Census Officer, Government of Bihar, Patna.

3. The Director, Department of Census Officer, Government of Bihar, Patna.

4. The District Magistrate, Khagaria cum District Registration Registrar, Khagaria.

5. The Nodal Officer, District Census Cell, Khagaria. ... ... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Praful Chandra Thakur, Advocate.

For the Respondent/s : Mr. Rewti Kant Raman, AC to SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-09-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

The present writ petition has been filed for directing

the respondents to pay the admitted dues to the tune of Rs. 27,13,278.88 to the petitioner who has completed the work in terms of the agreement executed in between the petitioner and the Nodal Officer, Census Cell, Khagaria on 25.11.2016. The learned counsel for the petitioner submits that the work in question has actually been completed but on account of lapse of fund, the District Magistrate, Khagaria cum-District Registration Registrar, Khagaria, has not been able to make payment of the admitted dues.

The learned counsel for the respondent State, Shri Rewti Kant Raman, AC to SC-11, submits that the requisite fund has been requisitioned for making payment to the petitioner and it is expected that the same shall be paid soon after the fund is made available.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed of with liberty to the petitioner to approach the District Magistrate, Khagaria by filing appropriate representation within a period of four weeks from today, with regard to payment of the admitted outstanding dues, as aforesaid, whereupon the respondent no.4 shall examine the same and pass a reasoned and a speaking order within a period of eight weeks, thereafter and in case any

admitted outstanding dues is found payable, the same shall be paid within a further period of eight weeks, therefrom. (Mohit Kumar Shah, J) Tiwary/- U T