Raj Informatics Construction vs The State Of Bihar And Ors
2023 Latest Caselaw 3673 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.12078 of 2015
     ======================================================

Raj Informatics Construction ... ... Petitioner/s Versus

1. The State Of Bihar

2. The Principal Secretary, Department of Health, Government of Bihar, Patna.

3. The Regional Deputy Director, Health Department, Patna.

4. The District Magistrate Cum-Chairman District Health Society, Patna.

5. The Civil Surgeon Cum Chief Medical Officer cum Secretary, District Health Society, Patna.

6. The In-charge Medical Officer cum Secretary, Rogi Kalyan Samiti, Primary Health Centre, Naubatpur,

7. The Block Development Officer-cum-Chairman, Rogi Kalyan Samiti, Naubatpur.

8. The Treasury Officer, Sub-Treasury, Danapur, Patna.

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

     For the Petitioner/s   :      Mr. Vinod Kumar
     For the Respondent/s   :      Mr. Ajay- Ga12

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL JUDGMENT Date : 10-08-2023

1. The present writ petition has been filed for the

following reliefs:

"That this writ application is being filed for issuance of appropriate writ/writs order/orders and/or direction for taking decision and a fresh and subsequently for payment of legal/admitted dues of the year 2007 to 2008, 2008 to 2009 and up to 15 th June 2009 with interest from the due date as the same was not paid by the competent authority in time."

2. Learned counsel appearing on behalf of the petitioner

has stated that in spite of submitting all the bills to the concerned Patna High Court CWJC No.12078 of 2015 dt.10-08-2023

authorities, they have not paid the amounts due to the petitioner

and, therefore, the petitioner was constrained to approach this

Hon'ble Court. Learned counsel has stated that in the counter-

affidavit filed by the respondents, the authorities have taken a

stand that the log book was not submitted by the petitioner and,

therefore, the amounts due to the petitioner could not be

ascertained and the amounts paid. Further, the learned counsel for

the petitioner has stated that the above statement made by the

respondent authorities is not correct as the respondent authorities

wherein custody of the log books and the same were not with the

petitioner. That on an earlier occasion, the petitioner has only

submitted the certificates certifying the work done by the

petitioner to the authorities and that the said certificates were

prepared after verification of the log books which were in the

custody of the authorities. Therefore, the stand now taken by the

authorities that unless and until the petitioner submits the log

book, the amounts due to the petitioner cannot be made is not only

false but the same is contrary to the record. Therefore, learned

counsel for the petitioner has prayed this Hon'ble Court to allow

the present writ petition.

3. After going through the documents filed by the

petitioner as well as the counter-affidavit filed by the respondents, Patna High Court CWJC No.12078 of 2015 dt.10-08-2023

it is seen that the petitioner has earlier submitted certificates which

were issued by the authorities concerned. Admittedly, these

certificates were issued after verification of the log books.

Therefore, the stand taken by the authorities that unless and until

the petitioner submits the log books is without any legal basis and

contrary to the earlier payments made.

4. Having regard to the above made submissions, this

Court directs the petitioner to submit a representation along with

all the necessary certificates certifying the amounts due to him

within a period of four weeks from the receipt of the copy of this

order and on such representation being made the same shall be

considered without insisting for production of the log books within

a period of eight weeks thereof.

5. With the above direction, the present writ petition is

disposed off.

(A. Abhishek Reddy, J) Ayush/-

AFR/NAFR                        NAFR
CAV DATE                        N/A
Uploading Date                16.08.2023.
Transmission Date               N/A