Gauri Shanker v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16502 of 2017 =========================================================== Gauri Shanker, son of Sri Ramavtar Raman, Resident of Village - Phulparas, Police Station - Phulparas, District - Madhubani. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department of Food and Consumer Protection Department, Government of Bihar, Patna.

2. The Principal Secretary, Department of Food and Consumer Protection Department, Government of Bihar, Patna.

3. The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd. Patna having office at Darogarai Path, Patna.

4. The Deputy Chief Transportation, State Food Corporation, Headquarter, Patna.

5. The Chief Finance, Bihar State Food and Civil Supplies Corporation Ltd. Patna.

6. The District Manager, State Food Corporation Madhubani.

7. The District Magistrate, Madhubani.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Anand Kr. Ojha, Mr. Ashok Kumar Karna, Advocates For the Respondents : Mr. Upendra Pratap Singh, AC to SC4 For the BSFC : Mr. Shailendra Kr. Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 20-02-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been taken up out of turn on the request of learned counsel for the petitioner for disposal of the same with a direction to the respondents to pay the admitted dues of the petitioner.

3. The present writ petition has been filed for a direction to the respondent authority to pay the admitted dues of Rs.

Patna High Court CWJC No.16502 of 2017 dt.20-02-2018 2/3 28,70,897/- along with statutory interest.

4. Learned counsel for the petitioner submits that pursuant to the work order contained in letter no. 4386 dated 23.11.2014, the petitioner completed the work in question against which final bill for Rs. 28,70,897/- has not been paid. The security amount has not yet been refunded.

5. Learned counsel for the respondents appears and has been heard.

6. Having regard to the nature of the grievances of the petitioner and with consent of the parties, this writ petition is disposed of, granting liberty to the petitioner to approach the Managing Director, Bihar State Food and Civil Supplies Corporation Ltd. Patna, Patna (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 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,

Patna High Court CWJC No.16502 of 2017 dt.20-02-2018 3/3 the petitioner's representation 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) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 26.02.2018 Transmission Date N.A.