Sunil Kumar Saraf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21132 of 2021 ====================================================== Sunil Kumar Saraf son of Sri Mohan Lal Saraf, resident of behind Rani Sati Mandir, Sikandarpur, P.S.-Muzaffarpur, District-Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Bihar, Patna.

2.

The Director (Primary Education), Bihar, Patna. 3.

The Divisional Commissioner cum 1st Appellate Authority, Public Grievance Redressal, Muzaffarpur.

4.

The District Magistrate, East Champaran, Motihari. 5.

The District Education Officer, East Champaran, Motihari. 6.

The District Programme Officer (Estt), East Champaran, Motihari. 7.

The District Public Grievance Redressal Officer, East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lal Mani Sharma, Advocate For the Respondent/s :

Mr.Subhash Chandra Mishra, SC-16 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 24-02-2022 Petitioner has prayed for the following relief(s): "(i) For issuance of an appropriate writ, order or direction directing and commanding the respondents to pay the petitioner his due amounts i.e. Rs.5,29,250/- for the Stationary Goods supplied by the Firm of the petitioner pursuant to the Supply orders dated 28-7-1989 contained in letter no. 18485( Anx.-2) and letter no. 22362 dated 24-10-1989 (Anx. -4).

(ii) For issuance of an appropriate writ directing

Patna High Court CWJC No.21132 of 2021(3) dt.24-02-2022 2/3 and commanding the respondents to pay the petitioner interest at market rate for the period during which the aforesaid due amount has not been and is not paid to the petitioner for supply of the aforesaid Stationary Goods by the Firm of the petitioner.

(iii) For issuance of an appropriate writ for quashing of the order contained in Memo no. 11 dated 21-1-2006 (Anx.-11) passed by the Director (Primary Education), Bihar, Patna by which the respondent no. 2 has rejected the claim of the petitioner for payment of his due amount for the aforesaid Supply orders.(iv) For any other relief/reliefs of which the petitioner is legally entitled to."

After the mater was heard for some time, finding the Court not in favour of the submissions made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if the petitioner is permitted to withdraw the present petition, with liberty to initiate appropriate proceedings before the appropriate forum and to take recourse to such other alternate remedies which are equally efficacious in law.

Prayer allowed.

The petition is disposed of as withdrawn with the liberty aforesaid.

Patna High Court CWJC No.21132 of 2021(3) dt.24-02-2022 3/3 Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS U