M/S Willson Medical System P Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3194 of 2016 =========================================================== M/s Willson Medical System ( P ) Ltd., Main Road Kankarbagh, Patna - 20, throughits Proprietor Namely Kishan Kumar Mishra, .... .... Petitioner/s

Versus

1. The State of Bihar, through the Collector - cum - Chairman, District - Health Society, Nawada.

2. The Executive Director, State Health Society, Bihar Pariwar Kalyan Bhawan, Sheikhpura, Patna - 800014.

3. The Deputy Director (Receipt Branch), State Health Society, Bihar, Patna.

4. The Civil Surgeon - cum - Member Secretary, District Health Society, Nawada. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Ranjan, Adv. Mr. Narnedra Kumar Sinha, Adv.

For the Respondent/s : Mr. Ajay Bihari Sinha, GA-8 Mr. Neeraj Raj, AC to GA-8 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 15-03-2017 Heard learned counsel for the parties.

In this case, the petitioner is seeking relief for payment of Rs. 89,355/-.

The brief fact of this case is that the petitioner had supplied some physiotherapy and occupational therapy equipments on 30.3.2014 to the District Health Society, Nawada in the light of the letter no. 1554 dated 20.2.2014 as well as letter no. 421 dated 29.3.2014 but, the amount, to which the petitioner is entitled, as aforesaid, has not been released in his favour. Learned counsel for the petitioner submits that period

Patna High Court CWJC No.3194 of 2016 dt.15-03-2017 more than two years have passed but till date the petitioner is moving from pillar to post with an empty hand.

A counter affidavit has been filed by the State wherein a plea has been taken that the payment has not been made to the petitioner on account of want of fund, as an allocation of fund has not been received by the District Health Society, Nawada. It does not stand to the reason to this Court when certain equipments have been supplied, they must be ready with the payment and they should not ask the Contractor every time to visit his office for receipt of the money.

In that view of the matter, let the payment should be made to the petitioner along with 5% interest over the due amount, as aforesaid, within a period of two months from the date of receipt/production of a copy of this order.

With the aforementioned observation and direction, this writ petition is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.03.2017 Transmission Date