Abhishek Enterprises v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20089 of 2013 ====================================================== Abhishek Enterprises through its proprietor Satish Kumar Sinha Son Of Sri Birendra Prasad, Resident of Shastri Colony, P.S. & District - Jamui ... ... Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary, Panchayat Raj Department, Bihar, Patna

3. The Election Commissioner, Bihar State, Bihar, Patna

4. The Commissioner, Bhagalpur

5. The District Collector, Jamui

6. The District Panchayat Raj Officer, Jamui

7. The District Election Commissioner, Jamui ... ... Respondents ====================================================== Appearance :

For the Petitioner :

None For the State :

Mr. Nishant Kumar Jha, AC to SC-28 For the Commission : Mr. Amit Shrivastava Mr. Girish Pandey, Advocates.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 21-12-2018 The present writ petition has been filed for the following reliefs - "(i) For issuance of writ in the nature of mandamus directing and commanding the respondent authorities especially the District magistrate, Jamui and District Panchayat Raj Officer, Jamui to make immediate payment of Rs. 7,12,453/- in favour of the petitioner against the supply of different stationeries, computer articles and electric commodities which has been supplied by the petitioner during the Panchayat Election, 2011. (ii) For further direction to make a punitive interest upon the admitted dues of the petitioner forthwith as the above amount is remained unpaid since long by the respondent

Patna High Court CWJC No.20089 of 2013 dt.21-12-2018 2/2 authorities which is causing irreparable loss and injuries to the petitioner's business.

(iii) And for any other reliefs for which this Hon'ble Court may deem fit and proper."

2. As none appeared on behalf of the petitioner, the matter was passed over for a few cases. However on repeat call, the petitioner was again not represented.

3. Learned counsel for the respondents appears and relies on the counter affidavit, in paragraph-6 whereof it is stated that the petitioner was paid Rs. 4,00,000/- as advance vide cheque no. 369611 dated 04.05.2011 and Rs. 6,35,855/- vide cheque no. 117289 dated 24.02.2014. It is submitted that complete payment against the supply made by the petitioner has now been made and the petitioner has acknowledged receipt of payment to his satisfaction.

4. Having regard to the stand in the counter affidavit, the writ petition stands disposed of.

(Vikash Jain, J) Ibrar/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 21.12.2018 Transmission Date N.A.