Patna High Court
M/S Ananya Media Consultant vs The State Of Bihar on 3 October, 2024
Author: A. Abhishek Reddy
Bench: A. Abhishek Reddy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7356 of 2023
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M/s Ananya Media Consultant 406, 4th Floor, Block-A, Capital Tower, Frazer
Road, Patna, P.S. Kotwali, District Patna through its Proprietor rakesh Kumar
Sharma, aged about 50 Years, Gender-Male, Son of Kailash Mistri, Resindent
of House No. 3, Kailash Bhawan, Road NO.1, Near Beur Akhara, P.S. Beur,
Distirct-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Information and Public Relations
Department, Bihar, Patna,
2. The Director, Information and Public Relations Department, Bihar, Patna,
3. The Secretary, Bihar State Minorities Financial Corporation Ltd. Haj
Bhawan, Harding Road, Patna.
4. The Joint Secretary-Cum-Director, Minorities Welfare Department, Bihar,
Patna.
5. The Managing Director, Bihar State Minorities Financial Corporation Ltd.
Haj Bhawan, Harding Road, Patna.
6. The Assistant Director-Cum-Account Officer, Bihar State Minorities
Financial Corporation Ltd. Haj Bhawan, Harding Road, Patna.
7. The Director, Information and Public Relations Department, Bihar, Patna,
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subodh Kumar
For the Respondent/s : Mr. Prashant Pratap (Gp2)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL JUDGMENT
Date : 03-10-2024
Heard the learned counsel for the parties.
The present writ petition has been filed for the following
reliefs:-
"(i) For issuance of writ in the
appropriate nature commanding and directing
the Respondent authorities to make payment of
the dues along with statutory interest till the
payment against the publication in the
Newspaper in view of the work order dated
07.07.2022
and 18.07.2022 given by the
Respondent authorities to the petitioner's firm
Patna High Court CWJC No.7356 of 2023 dt.03-10-2024
and after publication for one and another
reason the payment has not been made.
(ii) For further direction to the
Respondent authorities to dispose of the
representation of the petitioner by reasoned
and speaking order within time framed.
(iii) And for any other relief/ reliefs
for which the petitioner is found to be entitled
in the eye of law."
3. Learned counsel for the petitioner has stated that
pursuant to the work order issued by the respondent authorities,
the petitioner has carried out advertisements on their behalf in the
19 newspapers and, thereafter, the petitioner has submitted the
bills. Though, the advertisements were issued in the year 2022, the
authorities till date have not paid the amounts due to the petitioner.
Learned counsel has stated that the petitioner left with no other
option has approached this Hon'ble Court by way of the present
writ petition. Learned counsel for the petitioner has drawn the
attention of the Court to the documents filed along with the writ
petition more particularly, Annexure-P/2 which is a letter dated
07.07.2022 issued by the respondent No. 05 directing the
petitioner to issue the required advertisements in the newspapers.
Further, learned counsel has stated that the fact that the petitioner
has issued the advertisements on behalf of the respondent No. 05
has not been denied by respondent No. 5, therefore, they cannot
deny the payments to the petitioner. Further, it is stated by the
counsel for the petitioner that once the advertisements have been
Patna High Court CWJC No.7356 of 2023 dt.03-10-2024
published in the newspapers, the respondents cannot deny the bills
claimed by the petitioner on one pretext or the other. The
contention of the respondents that the advertisements issued by the
respondents authority were in violation of the Bihar Advertisement
Policy, 2016 cannot be a ground for denial of the rightful claims of
the petitioner. That even if there is any violation of the said policy,
the same are due to the lapses of the official respondents but not
the mistake made by the petitioner herein. Learned counsel has
stated that the petitioner cannot be blamed or made scapegoat for
the lapses committed by the authorities and prayed this Hon'ble
Court to direct the respondents to make the necessary payments as
per the bills submitted.
4. Per contra, the learned counsel appearing on behalf of
the respondents has vehemently opposed the very maintainability
of the present writ petition and stated that the advertisements
issued by the respondent No. 05 were against the Bihar
Advertisement Policy, 2016. That the respondent No. 6 was
directed to withhold the payments due to the petitioner as the
advertisements issued in the newspapers by the petitioner were in
violation of the above said policy. Learned counsel has stated that
the petitioner has an alternative and efficacious remedy of either
invoking the arbitration clause or approaching the Civil Court for
Patna High Court CWJC No.7356 of 2023 dt.03-10-2024
payment of the bills due to him. Further, it is stated that there are
disputed questions of fact involved in the present writ petition
which cannot be adjudicated by this Court under Article 226 of the
Constitution of India. Learned counsel has prayed this Hon'ble
Court to dismiss the present writ petition.
5. Learned counsel appearing on behalf of the
respondent Nos. 3, 5 & 6 while admitting that the authorities have
issued the work orders to the petitioner for carrying out the
advertisements in the local newspapers has however, stated that
due to the instructions received from the Department of
Information and Public Relation Department, Govt. of Bihar, the
authorities have withheld the payment due to the petitioner.
Learned counsel has stated that due to the above letter issued by
the State Government, the authorities are unable to process the
bills submitted by the petitioner and make the necessary payments.
6. Learned counsel appearing on behalf of the
respondent-State has relied on the judgment of this Hon'ble Court
in the case State of Bihar & Others vs. Nikhar Construction &
Anr. passed in LPA No. 848 of 2018 dated 21.08.2021 and also the
judgment in the case of Madhusudan Choudhary vs. State of
Bihar And Ors. dated 15.04.1998 reported in AIR 1999 PAT 159
to buttress his case.
Patna High Court CWJC No.7356 of 2023 dt.03-10-2024
7. Admittedly, in this particular case, the petitioner was
issued a work order vide letter dated 07.07.2022 by the respondent
Nos. 3, 5 & 6 and the petitioner has carried out the work i.e.,
issuance of the advertisement in the local newspapers numbering
19. The fact that the respondents have issued the work order and
the petitioner has got the same published in the newspapers is not
denied by any of the respondents herein. However, the respondent-
State has taken a stand that the advertisements issued on behalf of
the respondent Nos. 3, 5 & 6 were in violation of the Bihar
Advertisement Policy, 2016. These guidelines were issued
pursuant to the directions of the Hon'ble Supreme Court.
8. Learned counsel has stated that the authority duly
taking into consideration that the advertisements which were
issued on behalf of the respondent Nos. 3, 5 & 6 contained the
pictures of the Hon'ble Chief Minister and the issuance of the
advertisement without taking prior permission from the concerned
Department is in violation of the Bihar Advertisement Policy,
2016. Therefore, the Department has directed the respondent Nos.
3, 5 & 6 to withhold the payments.
9. After going through the pleading and hearing, the
submission of the learned counsels, this Court is of the opinion
that the question as to whether the advertisement issued on behalf
Patna High Court CWJC No.7356 of 2023 dt.03-10-2024
of the respondent Nos. 3, 5 & 6 are in violation of any guidelines
issued by the Government or against the Bihar Advertisement
Policy, 2016 are immaterial for the purpose of paying the bill
amount to the petitioner. Once the work order has been issued by
the competent authority and the said work has been completed
without any deviation, the lapses, if any, committed by the
authority cannot be a ground for denial of the payment to the
petitioner. The rightful claim of the petitioner cannot be denied on
the ground that the respondent authority i.e., the respondent Nos.
3, 5 & 6 while issuing the work order have committed any
irregularities or violated the Bihar Advertisement Policy, 2016, the
petitioner cannot be left high and dry by denying the payments.
That in so far as the contention of the respondents that the
petitioner is having an alternative remedy of invoking the
arbitration or approaching the Civil Court for payment of his dues
is concerned, the Hon'ble Supreme Court in catena of cases has
time and again held that availability of an alternative and
efficacious remedy cannot be a ground for denying the relief
sought for under Article 226 of the Constitution of India. Further,
there are no disputed questions of facts which would have bound
this Court to relegate the petitioner to the Civil Court or invoke
Arbitration Clause. With all due respect to the learned counsel
Patna High Court CWJC No.7356 of 2023 dt.03-10-2024
appearing on behalf of the respondent-State, the judgments relied
are not applicable to the facts of this particular case and are
distinguishable.
10. In Whirlpool Corporation v. Registrar of
Trademarks, Mumbai²¹, The Hon'ble Supreme Court after
reviewing the case law on this point has held as under:
"14. The power to issue prerogative writs
under Article 226 of the Constitution is plenary in
nature and is not limited by any other provision of the
Constitution. This power can be exercised by the High
Court not only for issuing writs in the nature of habeas
corpus, mandamüs, prohibition, quo warranto and
certiorari for the enforcement of any of the
Fundamental Rights contained in Part III of the
Constitution but also for "any other purpose".
15. Under Article 226 of the Constitution,
the High Court, having regard to the facts of the case,
has a discretion to entertain or not to entertain a writ
petition. But the High Court has imposed upon itself
certain restrictions one of which is that if an effective
and efficacious remedy is available, the High Court
would not normally exercise its jurisdiction. But the
alternative remedy has been consistently held by this
Court not to operate as a bar in at least three
contingencies, namely, where the writ petition has
been filed for the enforcement of any of the
Fundamental Rights or where there has been a
violation of the principle of natural justice or where
the order or proceedings are wholly without
jurisdiction or the vires of an Act is challenged. There
is a plethora of case-law on this point but to cut down
this circle of forensic whirlpool, we would rely on
some old decisions of the evolutionary era of the
constitutional law as they still hold the field."
(emphasis supplied)"
11. The authorities are supposed to act in a fair and
transparent manner, once the work order has been issued and the
Patna High Court CWJC No.7356 of 2023 dt.03-10-2024
work has been completed by the contractor, the official
respondents are expected to clear the bills promptly but they
cannot deny the payments one pretext or the other. Even if any
irregularities or lapses are committed which were not attributable
to the contractor, the payment of the bills cannot be denied. If any
irregularities or lapses have been committed by the official
respondents, they themselves have to be blamed for it and
necessary departmental action has to be taken against them, but the
dues payable to the contractor for the work done by him cannot be
stopped or denied on such clumsy, legally untenable grounds.
12. In this particular case, the petitioner cannot be
blamed for the lapses if any committed by the authority,
irrespective of the fact as to whether the advertisements were made
against the guidelines issued under the Bihar Advertisement
Policy, 2016 or any other guidelines issued by the Government, the
payments of the bill amount cannot be denied to the petitioner.
13. Having regard to the above mentioned facts and
circumstances, the present writ petition is allowed. The respondent
Nos. 3, 5 & 6 are directed to pay the bill amounts due to the
petitioner as expeditiously as possible preferably within a period
of four weeks from the date of receipt of a copy of this order. The
authorities are also directed to make necessary arrangements or
Patna High Court CWJC No.7356 of 2023 dt.03-10-2024
extend necessary cooperation to the respondent No. 3, 5 & 6 for
payment of the admitted dues. In case the amount due to the
petitioner are not paid within the stipulated time, the petitioner
would be entitled to simple interest at the rate of 8% per annum
from the date of submission of the bills till the date of actual
realization.
14. With the above direction, the present writ petition
stands allowed to the extent indicated.
(A. Abhishek Reddy, J)
Ayush/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 08.10.2024.
Transmission Date NA
