IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13400 of 2007 SAMRENDRA KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 4 10.9.2009 In the instant writ petition the petitioner prays for a direction to the respondent authorities to make payment of the bill against the work done by the petitioner till 2007 relating to three Primary Health Centers namely Kursakanta, Palasi and Sikti under Araria district. The work was allotted for maintenance of the hospitals. The petitioner submits that he was authorized by M/s Militia Security Net to do the work of maintenance vide authorization letter no. MSN/SHS-V/101/2006 dated 25.2.2006. The petitioner submits that he provided service on behalf of M/s Militia Security Net and to receive the payment also. He submits that all payments in respect of work done were made to him by respondents. The petitioner submits that when the period of contract was about to end and he had completed work of maintenance up till February 2007, M/s Militia Security Net authorized another person namely one Mannu Kumar Singh to perform the work. The State has filed counter affidavit stating therein that in respect of Palasi Primary Health Centre, the work was found satisfactory and as such payment for the balance period from 1.9.2006 to 28.2.2007 could be made. In Annexure-C it is stated that for the period from 1.8.2006 to 7.11.2006, the work done in Sikti Primary Health Centre was found satisfactory and as such the payment could be made. - 2 - KHAN The petitioner states that he is entitled to payment up to February 2007 in respect of both Sikti Primary Health Centre as well as Kursakanta Primary Health Centre. The intervener respondent M/s Militia Security Net submits that the work was allotted to it by the Bihar Health Society, as would be apparent from Annexure-1. He submits that he has authorized the petitioner to do the work on its behalf and as soon as he came to learn that the petitioner has committed irregularities, he cancelled the authorization of the petitioner vide letter dated 19.2.2007 and informed the Civil Surgeon/Secretary, District Health Society, Araria. However, he by letter dated 19.2.2007 authorized another person namely Mannu Kumar Singh to operate the work of hospital maintenance in Araria in place of the petitioner. After hearing counsel for the parties, this court observes that the petitioner as well as the intervener respondent M/s Militia Security Net would put forth their claim to balance money before the Civil Surgeon cum Chief Medical Officer, Araria who will resolve the dispute and would make payment to the rightful person within a period of six weeks from the date of receipt/production of a copy of this order. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J) - 3 -