Agile Tech Solution Pvt. Ltd. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7160 of 2017 ===========================================================

1. Agile Tech Solution Pvt. Ltd., Damuchak, P.O.- Head Post Office, Block Mushari, P.S.- Kaji Mohammadpur, District- Muzaffarpur- 842001, Bihar through Abhishek Kumar Srivastava (Sales Manager, Agile Tech Solution Pvt Ltd), Son of Sri Ashok Prasad Srivastava, Resident of Village- Jalpurwa, P.O.- Mustafabad, P.S.- Goreyakothi, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

2. The District Magistrate, Gopalganj.

3. The Chairman, Nagar Parishad, Gopalganj.

4. The Vice Chairman, Nagar Parishad, Gopalganj.

5. The Executive Officer, Nagar Parishad, Gopalganj. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar, Mr. ,Ranjeeta Singh For the State : Mr. Syed Hussain Majeed, AC.to SC6 For Nagar Parishad : Mr. Ravi Bhushan Verma =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 22-08-2017 Heard the parties.

In the present case, petitioner is seeking relief for payment of Rs. 96,50,000.45 claiming that he was allotted the work by Nagar Parishad, Gopalganj but even after completion of work payment has not been made.

A tender was floated by the Nagar Praishad, Gopalganj for the purposes of selection of Service Provider for development, hosting, installation, commissioning, consulting, training and maintenance of E- Municipal solutions with server and IT infrastructure work. Total work value was 96,50,000/-. As per

Patna High Court CWJC No.7160 of 2017 dt.22-08-2017 petitioner he has carried out the work to the satisfaction and time to time bill has been given by him but same has not been paid to him.

As it is a matter with regard to payment of money by Nagar Parishad, Gopalganj it will be better that matter is referred to the Executive Officer, Nagar Parishad, Gopalganj who will examine the matter of the petitioner and if it is found that petitioner has carried out the work, in such circumstances, the admitted dues will be paid to him. If the Executive Officer, Nagar Parishad,Gopalganj is not agreeable to the claim of the petitioner, in such circumstances, he will be obliged to give notice to the petitioner and after hearing he will pass a reasoned order in accordance with law. All the process should be completed within a period of three months from the date of filing of the representation. With the aforesaid observation and direction this writ petition is disposed of.

Vinay/- (Shivaji Pandey, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 26.8.2017 Transmission Date NA