Mahaboudh Jan Swasthaya Evem Sarvangin Vikas Kendra v. The State Of Bihar And ORS

Patna High Court CWJC No.6806 of 2016 dt.01-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6806 of 2016 =========================================================== Mahaboudh Jan Swasthaya Evem Sarvangin Vikas Kendra, 103, Ramalaya Apartment, Vijay Nagar, Rukunpura, Patna through its Secretary Dilip Kumar son of Sri Mohan Sharma resident of village - Khokhari, P.S. Arwal, District - Arwal.

.... .... Petitioner

Versus

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

2. The Development Commissioner, Government of Bihar, Patna.

3. The Commissioner, Magadh Division, Gaya.

4. The District Magistrate, Arwal.

5. The District Planning Officer, Arwal.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Vinay Mistry, Advocate. For the Respondents : Mr. Pandey Sanjay Sahay, SC-31 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 01-05-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. This matter has been taken up out of turn on the request of learned counsel for the petitioner for payment of its outstanding dues and the petitioner has sought for a direction to the respondents to pay a sum of Rs. 14,31,000/- with interest thereon.

4. Learned counsel for the petitioner submits that despite completing the work with regard to Four Months Computer Fundamental Course, Three Months Beautician Course and Four Months of Mobile Repairing Courses pursuant to orders of the respondent-District Magistrate, Arwal dated 19.08.2014 (Annexure-1), the petitioner has not been paid its dues.

5. Learned counsel for the State is present.

6. Having regard to the nature of the grievances of the

Patna High Court CWJC No.6806 of 2016 dt.01-05-2018 petitioners and with consent of the parties, this writ petition is disposed of, granting liberty to the petitioner to approach the District Magistrate, Arwal (Respondent No. 4) with a fresh representation for redressal of his grievances. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of, ensuring payment to the extent found due to the petitioner, within a period of six weeks from the date of receiving the petitioner's representation. Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioner to receive payment together with simple interest at the rate of 6% per annum on the admitted dues calculated from the date when the amount became due till the date of its actual payment. In case the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be disposed of by a speaking order in that regard.

7. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 08.05.2018 Transmission Date N.A.