Patna High Court
A2Z Infrastructure Ltd vs The State Of Bihar And Ors on 20 June, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21194 of 2013
======================================================
A2z Infrastructure Ltd. Having Its Registered Office At 205, Laxman Place,
19-Veer Savakrkar, Block - Shakarpur, Delhi Regional Office At - Raza
Bazar, Jagdeo Path, Near Shayamal Apartment, Bailey Road, Patna - 1
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Principal Secretary, Urban Development And Housing Department,
Govt. Of Bihar, Patna
3. The District Magistrate, Biharsharif
4. The Municipal Commissioner, Biharsharif Municipal Corporation, Nalanda,
Bihar
5. The Biharsharif Municipal Corporation, Nalanda, Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anurag Saurav, Adv
: Mr. Abhinav Alok, Adv.
: Mr. Priyajeet Pankaj, Adv.
For the BMC : Mr. Gyan Prakash Ojha, Adv.
For the State : Mr. Ajit Kr., Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL JUDGMENT
Date : 20-06-2023
The present writ petition is filed for the following
relief(s):
"(i) Making the payment of admitted due of
Rs. 53,55,215/- along with 18% interest thereon
calculated from the date the amount failed due to the
actual date of payment, in lieu of the monthly bills of
Petitioner from April 2012 to June 2012 including the
previous 20% monthly bills, for conducting the work of
daily primary collection of M.S.W. Mechanical Street
Patna High Court CWJC No.21194 of 2013 dt.20-06-2023
sweeping Drain cleaning and transportation of waste
as per MSW rules 2000 in different wards and Main
Roads of Bihar Shriff Municipal Corporation and as
per Clause 14 of the terms of the Contract Agreement
BSMC has to make 75% of the payment of the
Petitioner within 10 days from the receipt of monthly
bills and the remaining 25% of the payment has to be
made within 20 days the respondent Corporation has
to make the payment after verification of the bills, and
Petitioner has an Legitimate expectation to get the
payment of monthly bills as per the terms of the
Contract Agreement, Since the Petitioner in
anticipation to conduct the work as per the terms of
the Contract Agreement made such a huge
investment,by way of purchasing Vehicles, Equipments
and Accessories for conducting the Operations, as
well as appointed more than hundred employees."
ii) For issuance of any other relief or reliefs."
Learned counsel for the petitioner has stated that the
respondent No. 4 has to pay 75% of the bill amounts raised by the
petitioner as per Clause 14(4) of the Contract maintained between
the petitioner and the corporation but in spite of raising the bills
the authorities concerned are not paying the same. Therefore, left
with no other alternative remedy, the petitioner is constrained to
approach this Hon'ble Court.
Per contra, the learned counsel appearing on behalf of
the respondent-corporation has stated that the petitioner has an
alternate remedy of filing an application before the competent
Patna High Court CWJC No.21194 of 2013 dt.20-06-2023
authority under Clause 25(1) or before sole arbitrator under Clause
25(2), if any amounts due are payable to him.
Further, the learned counsel has stated that as nearly
ten years has elapsed since the writ petition is filed, the petitioner
may be directed to file a fresh representation along with the
requisite bills before the 4th respondent and on such representation
being given, the same shall be considered by the 4 th respondent
and, if any amounts are due to the petitioner, the same shall be
paid.
Having regard to the aforesaid facts and
circumstances, the writ petition is disposed of with a direction to
the petitioner to submit a fresh representation along with the
necessary bills to the Municipal Commissioner, Bihar Sharif
Municipal Corporation i.e. 4th respondent herein, within a period of
one month from the date of receipt of the copy of this order and on
such representation being made, the 4th respondent shall consider
the claim of the petitioner and pass necessary orders for payments
of any money due to the petitioner, if they are found admissible,
within a period of two months thereof. It is made clear that in case
the representation of the petitioner is rejected, the same shall be
done by assigning reasons and the petitioner shall be at liberty to
Patna High Court CWJC No.21194 of 2013 dt.20-06-2023
invoke the remedies available under the law for payment of the
said amounts, if any due.
With the above observations, the writ petition
stands disposed of.
(A. Abhishek Reddy , J)
gauravkr/Ayush-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 23.06.2023
Transmission Date N/A
