Vijaya Interprises, Proprietor ... vs The State Of Bihar
2022 Latest Caselaw 1133 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.21065 of 2021
     ======================================================

Vijaya Interprises, Proprietor Vijay Kumar aged about 47 years, Son of Mathura Mahto, office at Gurki Mandi, Gay Ghat, P.S. Alamganj, P.O. Ghuljarbagh, Patna - 800007.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar.

2. The District Election Officer, Vaishali.

3. The Nodel Officer, District Election EVM Kosamng, Vaishali, Vaishali Hazipur.

4. The Deputy Election Officer, Vaishali.

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

For the Petitioner/s : Mr. Rajesh Dayal, Advocate For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ======================================================= (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) =======================================================

Date : 14-02-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.21065 of 2021 dt.14-02-2022

We find the present petition to be not maintainable in

its present form.

The present petition is for recovery of certain amount

due to the petitioner in lieu of supply of certain items on the

asking of Respondent No. 3 namely the Nodal Officer, District

Election EVM Kosamng, Vaishali, Hazipur.

We do not find any reason sufficient enough to

interfere in the present petition, for us, it appears to be a simple

petition for recovery of the amount. The dues, whether admitted

or not, is not evident from record; items supplied were as per the

specifications and to the satisfaction is also not on record; the

petitioner's request is pending consideration with the Patna High Court CWJC No.21065 of 2021 dt.14-02-2022

authorities.

Well, we are not inclined to issue any directions,

save and except grant liberty to the petitioner to take recourse to

such remedies which are equally efficacious, including filing a

Civil Suit for recovery of the amount claimed in the present

petition.

The present petition stands disposed of in the

aforesaid terms.

Interlocutory Application(s), if any, stands disposed

of.

(Sanjay Karol, CJ)

(S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 17.02.2022 Transmission Date