Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4085 of 2009 ====================================================== Sunil Kumar, S/o Sri Mohan Lal Saraf, R/o Behind Rani Sati Mandir, Sikandarpur, Muzaffarpur, P.O. Muzaffarpur, P.S. Nagarthana, Dist. Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar through the Dist. Election Officer cum Dist. Magistrate, Muzaffarpur.

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

For the Petitioner/s : None For the Respondent/s : Mr. Kumar Alok (SC19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 22-01-2015 No one appears for the petitioner. Learned counsel for the State is present.

The prayer of the petitioner in this writ application is for a direction to the respondent to make payment of his outstanding dues of Rs. 97,268/- for the work done by him in the year 1999.

Learned counsel for the State, on the basis of the instruction received by him, has submitted that on verification of the work done by the petitioner, it was found that he was entitled only for a sum of Rs. 57,718/- and requisition of fund was made for such payment. He, however, is not aware as to whether the payment of the requisition fund of Rs. 57,718/- has been made to the petitioner.

That being so, this Court would direct the

Patna High Court CWJC No.4085 of 2009 (2) dt.22-01-2015 respondents to make payment of the admitted amount of Rs. 57,718/-, if not already paid to the petitioner, within a period of three months from the date of receipt of this order. For the rest of the claim of the petitioner, he may take recourse either by way of civil suit or by way of arbitration if the agreement contains such a clause.

With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Rishi/- U