M/S Anjali Traders v. The State Of Bihar And ORS

Patna High Court CWJC No.8140 of 2016 (2) dt.16-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8140 of 2016 ====================================================== M/s Anjali Traders having its registered office at Chhoti Marahi, Noonpur Pokhra, Ward No.24, House No.814, Hajipur, Vaishali through its Proprietor namely Birendra Kumar, son of Ganga Prasad Yadav, resident of Village & P.S.- Mahua, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Old Secretariat, Patna. 2.

The Principal Secretary, Department of Education, New Secretariat, Patna. 3.

The District Programme Officer, Sarv Shiksha Abhiyan, District- Education Office, Vaishali.

4.

The Block Education Officer, Bhagwanpur, Vaishali. 5.

The Principal, Kasturba Gandhi Residential Girls School, Harbanshpur, Bhagwanpur, District- Vaishali.

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

For the Petitioner/s : Mr. Manoj Kumar Jha For the Respondent/s : Mr. Nawal Kishore Singh, SC-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 16-05-2016 Heard the parties.

It is the grievance of the petitioner that he responded to a tender notice issued under the Bihar Education Project by the respondent no.3, the District Programme Officer, Sarv Shiksha Abhiyan, Vaishali requiring applications from the willing applicants for supplying different materials for the Kasturba Gandhi Residential Girls School, Harbanshpur in the district of Vaishali.

It is the case of the petitioner that of the three applicants who responded to the notice, the other two were not willing to make the supply while the petitioner accepted the same on the rates agreed upon and following which the petitioner supplied the materials, the details of which are present at Annexure-5 series. The petitioner also submitted that he has

Patna High Court CWJC No.8140 of 2016 (2) dt.16-05-2016 submitted bill to the tune of Rs.3,55,900 /-to the Block Education Officer, Bhagwanpur and out of which he accepts payment of Rs.1,65,000/-. The grievance of the petitioner is that the balance amount of Rs.1,90,900/- remains due for payment by the District Programme Officer and the Block Education Officer and despite the representations present at Annexure 6 and Annexure-7 series it has not been responded to by these officers. Having heard learned counsel for the parties and considering the grievance raised, I deem it fit and proper to dispose of this writ petition with a direction the respondent no.3, the District Programme Officer, Sarv Shiksha Abhiyan, Vaishali as well as the respondent no.4, the Block Education Officer, Bhagwanpur, district- Vaishali to consider the grievance of the petitioner and dispose of the same within a period of three months from the date of receipt/production of a copy of this order.

It goes without saying that if any amount is found admissible to the petitioner it should be paid within the same period and the amount which is not found admissible, should be disposed of by a speaking order to be passed after opportunity of hearing to the petitioner.

(Jyoti Saran, J) SKPathak/- U