Patna High Court
M/S Hotel Raj Palace Munger And Anr vs The State Of Bihar And Ors on 18 February, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9865 of 2017
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1. M/s Hotel Raj Palace Munger through its proprietor namely Baljeet Singh
2. Baljeet Singh, Son of Shree Vijay Singh, Resident of Mohallah Purabsarai,
Station Road, P.S. Kotwali, District- Munger.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The District Magistrate cum District Election Officer, Munger.
3. The Election Commission of India, New Delhi.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ambrish Kumar Jha, Advocate
For the Respondent/s : Mr.Prashant Pratap-Gp2
For ECI : Mr. Siddhartha Prasad, Advocate
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 18-02-2025
1. The Writ petition is filed seeking issuance
of a direction or a Writ in the nature of Mandamus,
directing the respondents to pay outstanding dues
amounting to Rs. 1,86,486/- to Hotel Raj Palace
Munger, and further to direct the respondents to pay
appropriate compundable interest @ of 15% per
annum, on the dues that have been remained
pending by the respondents since the year 2005. The
Patna High Court CWJC No.9865 of 2017 dt.18-02-2025
2/6
case of the Writ petitioner is that the petitioner is a
partnership firm, represented by the second
petitioner, who is one of the partners of Hotel Raj
Palace, which is situated in Munger town. During the
Assembly Election of 2005 the respondents decided
to hire several hotels, including Hotel Raj Palace, for
the accommodation of Para-Military officers deployed
for election duty.
2. The 2nd respondent issued Letter No. 1365
dated 19.09.2005 to the Manager of Hotel Raj Palace
for hiring four rooms of the hotel. Further, the
Election Officer, Munger vide Memo No. 1381 dated
22.09.2005
, directed the In-charge Officer to hire
additional four rooms for officers stay. Additionally,
the 2nd respondent issued Memo No. 1863 dated
21.10.2005 for hiring 30 rooms, in Hotel Raj Palace
along with two other hotels, namely Hotel Sitaria and
Hotel Namita, for a period of seven days i.e. from
Patna High Court CWJC No.9865 of 2017 dt.18-02-2025
21.10.2005 to 27.10.2005. The 2nd respondent also
directed the Manager of the hotel to make the rooms
available on the said date for the Para Military
officers. In compliance with these orders, the 2 nd
petitioner reserved 30 rooms from 21.10.2005 to
27.10.2005 for the stay of government officials and
as per the instruction of the officers, allotted the
hotel rooms. After the Assembly Elections, the
petitioner submitted a bill for the room rent
amounting to Rs. 2,61,814/- vide reference no.
141/05 dated 28.11.2005, to the 2nd respondent. The
respondents paid only Rs. 75,328 on 31.03.2007
through a cheque, while the remaining amount of Rs.
1,86,486/- was pending for payment.
3. Further the contents of the Writ petition
disclose that the petitioner addressed letters to the
2nd respondent on 07.09.2009, 28.01.2011 and on
27.06.2017, requesting for payment of the
Patna High Court CWJC No.9865 of 2017 dt.18-02-2025
outstanding dues, but no action was taken. As there
is no other alternative remedy available, the
petitioner was constrained to prefer the present Writ
petition.
4. A detailed counter affidavit was filed by
the 2nd respondent, denying all the allegations made
in the Writ petition and it was specifically contended
that the District Magistrate-cum-District Election
Officer, Munger vide Letter No. 1365 dated
19.09.2015, directed the management of Hotel Raj
Palace, Munger to reserve three rooms for CRPF and
BSF. The respondents also admitted the fact that
Hotel Raj Palace submitted a bill of Rs. 2,61,814 to
the District Election officer, Munger on 20.11.2005.
On 31.03.2007 a payment of Rs. 74,328/- was made
to the Writ petitioner vide cheque and a payment of
Rs. 27,824/- was made to Hotel Sitaria. The payment
which was made vide cheque dated 31.03.2007 was
Patna High Court CWJC No.9865 of 2017 dt.18-02-2025
on the basis of relevant rate of the rooms and
therefore, prayed for dismissal of the Writ petition, as
amount was paid to the petitioner.
5. Heard the Learned counsel for the
petitioner as well as the Learned counsel for the
respondents. Perused the records.
6. On perusal of the record, it is evident that
the bill was submitted by the petitioner to the 2 nd
respondent on 28.11.2005 and subsequently, the
respondent paid an amount of Rs. 75,328/- on
31.03.2007. Further, the petitioner has made a
representation to the 2nd respondent on 28.01.2011
i.e. after a period of four years requesting for the
payment of the balance amount of Rs. 1,86,486/-
and again a representation was made on 27.06.2017
i.e. after a gap of six years, requesting payment of
the outstanding amount.
Patna High Court CWJC No.9865 of 2017 dt.18-02-2025
7. Admittedly, it is time-barred debt and no
reasons are assigned by the petitioner as to why he
kept silent for ten long years. The Writ petition is not
maintainable for civil dispute and this Court cannot
direct the respondents to make payment for a time-
barred claim.
8. In view of the above observation, the Writ
petition is dismissed as devoid of merits.
9. Interlocutory Application(s), if any, shall
also disposed of.
(G. Anupama Chakravarthy, J)
amitkr/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 07.03.2025
Transmission Date N/A
