IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5966 of 2008 M/S Pawan Prakashan, Sikandarpur, P.S. Muzaffarpur Town, District- Muzaffarpur having its registration No. 03/08/01537 through its Proprietor Shrawan Kumar, son of Madan Lal Sarraf, resident of Mohalla-Behind Rani Sati Mandir, Sikandarpur, P.S.-Muzaffarpur, District-Muzaffarpur -Petitioner. VERSUS 1. The State of Bihar, Patna through its Commissioner-cum-Secretary, Primary Education, Government of Bihar, Patna. 2. The Director, Primary Education, Government of Bihar, Patna. 3. The Dy. Development Commissioner, Muzaffarpur. 4. The District Magistrate, Muzaffarpur. 5. The District Education Superintendent, Muzaffarpur. -Respondents. ----------- 04 01.05.2009 Petitioner is a small time supplier of different goods, as per orders supplied with him. In the year 2000-01, petitioner had been placed with orders of various small articles. Petitioner duly supplied them. They were duly received by District Superintendent of Education (DSE), Muzaffarpur, who had duly receipted each bill and endorsed as to in which stock register at which place the stocks had been duly receipted and entered. Then, starts the efforts of petitioner to get payment. On record, there are letters consistently written by the DSE, Muzaffarpur to the Director, Primary Education for allocation of funds. But, as is usual in this State, it is only one way traffic. Petitioner being a small supplier being fed up approached this Court. Now, authorities wake up with their deep slumber of 9 years. Now, the Director, Primary Education wakes up to question as to detail of orders under which supplies were made and the procedure followed to place order. The entire questions are being asked to somehow create a dispute with regard to the manner in which orders were placed. Even though, as late 2 in 2009, the District Superintendent of Education maintains having received the supplies and acknowledges liability to pay and therefore ask for allotment of funds. There is a counter affidavit by the District Superintendent of Education, which categorically admits the liability. Not a single word in the counter affidavit about the solemn obligation of the State to be discharged by making payment to small supplier. The liability not being in dispute. I direct the respondents to make allocations of funds for payment to petitioner’s outstanding bills within a period of one month from today. This order, however, does not preclude the Director, Primary Education in making enquiries, as to how orders were passed and if any rules or regulations followed by his officers in placing the orders. If on enquiries, it is found that the orders were wrongly placed then it is open to the Director, Primary Education to take all suitable disciplinary actions against its officials. The writ petition is being disposed of accordingly. Trivedi/ (Navaniti Prasad Singh, J.)