Sohan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8985 of 2023 ====================================================== Sohan Kumar, aged about 36 years, (Male), son of Nagina Paswan, Resident of Village- Sheikhpura, Police Station- Gaurichak, District- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.
2.
The District Magistrate, Patna.
3.
The Deputy Development Commissioner, Patna.
4.
The District Panchayati Raj Officer, Patna.
5.
The Block Panchayati Raj Officer, Punpun, Patna. 6.
The Block Development Officer, Punpun, Patna. 7.
The Mukhiya, Gram Panchayat Raj Barawa, Punpun, Patna. 8.
The Panchayat Secretary, Barawan Gram Panchayati Raj, Barawan, Punpun, Patna.
9.
The Accountant (Lekhapal), Barawan, Gram Panchayat Raj, Barawan, Punpun, Patna.
10.
The Secretary Paramash Samitee, Gram Punpun Patna Panchayat Barawan, Punpun, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanju Singh, Advocate.
For the Respondent/s :
Mr. Kameshwar Pd. Gupta, GP-10 with Ms. Deepanjali Gupta, AC to GP-10.
====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 30-11-2023 Heard learned counsel for the parties.
2. The present Writ Petition has been filled for the following reliefs:- (i) For directing the respondent authorities to make payment for the goods, like a cement, iron rod and stone chips etc. supplied by the petitioner to the respondents for the works done under the different schemes of
Patna High Court CWJC No.8985 of 2023(4) dt.30-11-2023 2/3 Gram Panchayat Barawan for which Respondents are liable to pay Rs. 4,19,151/- (Four Lacs nineteen thousand one hundred and fifty one only) for Bill No. 19/21-22 and Rs. 52,453/- (Out of Rs. 4,34,003/-) for Bill No. 20/21-22 with 24% interest per annum as per the term of bill.
(ii) For directing the respondent authorities to consider the representation filed by the petitioner regarding payment of Bill No. 19/21-22 and 20/21-22 which was general generated against the material goods supplied as per the demand made by the Respondents for the development work done under the gram panchayat Raj Barwan, Punpun, Patna.
3. Learned counsel appearing on behalf of the petitioner states that the petitioner has already given representation to the authority concerned for making the payment due to the petitioner. Learned counsel seeks indulgence of this Court to direct the authority concerned to dispose off the said representation and make necessary payments.
4. Learned counsel appearing on behalf of the respondents states that he has no objection if a direction is given to the authority concerned for considering the representation in accordance with law and, in case, the authorities come to the conclusion that the amounts are due to the petitioner, they may be directed to pay the same.
5. Having regard to the above made submission, without going into the merits or demerits of the case, the present
Patna High Court CWJC No.8985 of 2023(4) dt.30-11-2023 3/3 writ petition is disposed off directing the Respondent No. 3 to dispose off the representation made by the petitioner on its own merits strictly in accordance with law as expeditiously as possible preferably within a period of eight weeks from the date of the receipt of the copy of this order. In case, the authority comes to the conclusion that the claim made by the petitioner is genuine, the amounts due to the petitioner shall be paid. In case the authority comes to the conclusion that the claim is to be rejected then they shall pass a reasoned order and communicate the same to the petitioner.
6. With the above direction, the present writ petition stands disposed off to the extent indicated above. (A. Abhishek Reddy , J) shakir/- U