Prem Kumar Agrawal v. The State Of Bihar And ORS

Patna High Court CWJC No.12669 of 2015 dt.17-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12669 of 2015 =========================================================== Prem Kumar Agrawal, Proprietor M/s. Bagaha Service Station, (Indian Oil dealer), Station Road Bagaha, Son of Late Hanuman Prasad Agrawal, Resident of Bagaha Bazar, P.S. - Bagaha, District - West Champaran. .... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate, West Champaran at Bettiah.

3. The Sub - Divisional Officer, Bagaha, West Champaran. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv. For the Respondent/s : Mr. Madhaw Pd. Yadav, G.P.-23 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 17-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is claiming Rs.12,40,647/- for the supply of the petroleum products i.e. diesel, petrol and lubricants, but the State has not made the payment of the aforesaid amount.

In the legal notice, the petitioner has claimed an amount of Rs.10,93,773/- which correspondence the identical amount of dues mentioned in the letter of the Sub-Divisional Officer, Bagaha dated 24.4.2015.

Patna High Court CWJC No.12669 of 2015 dt.17-07-2017 Learned counsel for the petitioner submits that after 2015 time to time the petitioner has supplied the petroleum products, but the payment has not been made and as such, the petitioner is claiming total amount of Rs.12,40,647/-. In the counter affidavit, the State has taken plea that the entire amount has been paid to the petitioner, there is no outstanding dues and made an undertaking that if any amount is dues that will be paid to the petitioner.

For the present, this writ application is disposed with a direction that if any payment is due, the petitioner is at liberty to file a detail representation before the District Magistrate, West Champaran at Bettiah, who will be obliged to examine the claim of the petitioner and pass appropriate order in accordance within a period of four months from the date of filing of the representation by the petitioner.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 18.07.2017 Transmission Date N/A.