Sangam Enterprises v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15382 of 2023 ====================================================== Sangam Enterprises through its Proprietor Amrendra Kumar, aged about 44 years (M), Son of Uma Kant Prasad, resident of Village- Bhelwa Madhuban, P.S.- Madhuban, District- East Champaran.

... ... Petitioner/s

Versus

1.

State of Bihar through the District Magistrate, East Champaran at Motihari. 2.

The District Magistrate, East Champaran at Motihari. 3.

The Civil Surgeon -cum- Chief Medical Officer, East Champaran at Motihari. 4.

The I/C Medical Officer, Primary/Community Health Centre, Harsidhi, East Champaran at Motihari.

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

For the Petitioner/s :

Mr.Yashraj Bardhan, Adv.

For the State/Respondent/s:

Mr.S.D. Yadav (Aag9) Mr. Braj Bhushan Mishra, AC to Aag9 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 20-06-2024 Heard the learned counsel for the parties.

2. This writ petition has been filed for the following relief(s):- "That the petitioner beseeches indulgence of this Hon'ble Court with a prayer for direction to the respondent authorities for payment of admitted dues amounting approximately to Rs. 163768/- lakhs towards execution of work at the Primary/Community Health Centre, Harsidhi on a work order in the year 2019-20 which they are delaying without any rhyme and reason and thereby this petitioner is suffering and his rights under Article 14,21 and 300 A of the Constitution of India are being violated."

3. In the counter affidavit filed by the Respondent

Patna High Court CWJC No.15382 of 2023(2) dt.20-06-2024 2/3 Nos. 2, 3 and 4 at Para 7, it is stated as under: "That on enquiring the three member committee submitted its report dated 06.12.2022 (Annexure P/9). Since allotment for the work was not available, demand for allotment has been sent to the State Health Society, Bihar vide letter no. 1765/DHS dated 06.01.2024. The payment of bill depends on availability of the fund/allotment."

4. However, the learned counsel for the petitioner has stated that even though the counter affidavit has been filed way back in January 2024, till date payments have not been made and, therefore, seeks a direction to the authorities to make the payment of the admitted dues as expeditiously as possible.

5. Having regard to the above made submissions and also the parallel statement made in the counter affidavit by the respondents that the authorities have to pay the admitted dues to the petitioner.

6. The present writ petition is disposed of directing the respondents to pay the admitted dues to the petitioner as expeditiously as possible preferably within a period of six weeks from the date of receipt of the copy of this order. The authorities shall follow up the matter with the State Health Society and make the necessary payments without fail.

Patna High Court CWJC No.15382 of 2023(2) dt.20-06-2024 3/3

7. With the above directions, the writ petition stands disposed of.

(A. Abhishek Reddy , J) Gauravkr/Siddharth U