Patna High Court
M/S Lalloo Ji And Sons vs State Of Bihar Through Its ... on 6 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1306 of 2021
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M/s Lalloo Ji and Sons A-2, Shivalik Business Centre, Off. S.G. Highway,
Ahmedabad (Gujarat) Head Office -1, Ram Bagh, Prayagraj (U.P.) Through
its partner Sri J.K. Agrawal, S/o Sri Bal Govind Agrawal.
... ... Petitioner/s
Versus
1. State of Bihar through its Principal Secretary, Tourism Department, Patna,
Bihar.
2. Bihar State Tourism Development Corporation, through its Managing
Director, Beerchand Patel Path, Patna-800001.
3. Managing Director, Bihar State Tourism Development Corporation,
Beerchand Patel Path, Patna-800001.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ramesh Kumar Agrawal, Advocate
For the Respondent/s : Mr.Lalit Kishore (Ag)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 06-12-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
" i. For issuance of appropriate writ (s)
and/or order and or directions(s) directing
the respondents to make payment of
admitted amount of Rs. 5, 22, 02, 842, (Rs.
Five Crores Twenty Two Lacs Two
Thousand Eight Hundred forty Two only/-)
for the Work performed of 'design,
construction and maintenance of Main
Pandal for Religious Ceremonies and Tent
City on the occasion of the 350th birth
anniversary of Sri. Guru Govind Singh Ji'
(PRAKASH PARV)' forthwith to the
petitioner along with the interest @ 18% per
annum from the date of the submissions of
Patna High Court CWJC No.1306 of 2021 dt.06-12-2021
the Bills till the actual payment is made; as
the amount is admitted to be payable by
respondents vide letters dated 20.08.2020
and 17.12.2018;
ii. For any other relief or reliefs for which
petitioner is found entitled to in the facts
and circumstances of the present case.
After the matter was heard for some time, learned
counsel for the petitioner states that at this point in time,
petitioner shall be content if the respondent no. 3, namely,
Managing Director, Bihar State Tourism Development
Corporation, Beerchand Patel Path, Patna-800001, as also
respondent no. 1, namely, State of Bihar, through its Principal
Secretary, Tourism Department, Patna, Bihar and respondent no.
2, namely, Bihar State Tourism Development Corporation,
through its Managing Director, Beerchand Patel Path, Patna-
800001 were to decide the petitioner's request dated 27th of
August, 2020 (Annexure-10) within a time bound period, in the
light of the report dated 21st of February 2017 Annexure-1 and
the communication dated 17th of December 2018 (Annexure-
1A), whereby the committee has reduced the amount from Rs.
13,9416,41/- to Rs. 5, 22,02842/-, an unadmitted, in fact
admitted debt, which the respondents are bound to pay.
Sri Agrawal, learned counsel for the petitioner further
states that in the event, respondents favourably considering the
Patna High Court CWJC No.1306 of 2021 dt.06-12-2021
petitioner's request, all claims, including that of interest would
be given up.
Under these circumstances, the petition is disposed of
in the following mutually agreeable terms:-
(a) Respondent no. 2, namely, Bihar State Tourism
Development Corporation, through its Managing Director,
Beerchand Patel Path, Patna-800001 shall positively consider
and decide the petitioner's request dated 27 th August, 2020
(Annexure-10) Page 99 within a period of four weeks from
today. Copy of the order be supplied to the petitioner.
(b) Another request shall be made by the petitioner to
respondent no. 1 namely, State of Bihar, through its Principal
Secretary, Tourism Department, Patna, Bihar within a period of
one week and the said respondent shall also, after seeking
information from respondent no. 2, take a decision thereupon
within a period of four weeks thereafter.
C) We clarify that all issues, of facts and law are left
open.
(d) In the event of acceptance of the report of the
committee (Annexure-1) we hope and expect payments released
in favour of the petitioner, within a period of three months
which would be without any interest.
Patna High Court CWJC No.1306 of 2021 dt.06-12-2021
(e) Should the respondents decide to make payment
beyond a period of three months, then petitioner shall be entitled
to interest @ 6% for the subsequent period till the date of
payment.
(f) Liberty reserved to the petitioner to approach this
Court, should the need so arise subsequently. For the petitioner
to agitate any issue, it is always open to do so on the same and
subsequent cause of action, in accordance with law.
(g) The offer given by the petitioner shall stand
withdrawn, if no decision is taken in terms of the directions
(supra).
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/veena-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
