IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8810 of 2006 CHHOTANAGPUR KHADI GRAMODYOG SANSTHAN, H.O. SARVODAYA ASHRAM, TIRIL, P.O. & P.S. DHURWA, DISTRICT- RANCHI, JHARKHAND, THROUGH ITS OFFICE SUPERINTENDENT, SRI DEVENDRA KUMAR MISHRA, SON OF LATE SADASHIV MISHRA, RESIDENT OF CHHOTANAGPUR KHADI GRAMODYOG SANSTHAN, SARVODAYA ASHRAM, TIRIL, P.O. & P.S.- DHURWA, DISTRICT- RANCHI, JHARKHAND. .. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 3. THE SECRETARY, GOVERNMENT OF BIHAR, DEPARTMENT OF INDUSTRIES, NEW SECRETARIAT, PATNA. 4. THE INDUSTRIES DEVELOPMENT COMMISSIONER, GOVERNMENT OF BIHAR, DEPARTMENT OF INDUSTRIES, NEW SECRETARIAT, PATNA. 5. THE DIRECTOR, DEPARTMENT OF INDUSTRIES, NEW SECRETARIAT, PATNA. 6. THE CHIEF EXECUTIVE OFFICER, LBIHAR STATE KHADI GRAMODYOG BOARD, MAHESH BHAWAN, EAST GANDHI MAIDAN, PATNA. 7. THE DIRECTOR, KHADI & VILLAGE INDUSTRIES COMMISSION, STATE OFFICE, P.O. VETERINARY COLLEGE, PATNA. ..RESPONDENTS. For the Petitioners : Mr. Sunil Kumar, Advocate. For the Khadi Board : M/s. Uma Kant Singh, A. Kumar, and Asho Kumar Singh, Advocates. For the State : Mr. Suryakant Kumar , AC to SC-19. ----------- 3. 19.05.2011. Heard learned counsel for the petitioner, State of Bihar, Bihar State Khadi Gramodyog Board and Director, Khadi & Village Industries Commission, Patna. 2. This writ petition has been filed by the petitioner-institution praying inter alia to direct the 2 respondents to pay the petitioner Special Khadi Rebate Claim which has been granted to the consumers of the Khadi Product in the light of the instructions of the State of Bihar on the occasion of Gandhi Jayanti amounting to Rs. 1,37,87,641.36/-. In this connection, learned counsel for the petitioner has invited my attention towards the resolution of the Bihar Vidhan Sabha appointing an arbitrator to adjudicate the dispute for payment of rebate claims to the various institutions. Arbitrator made recommendation for payment of Rs. 16,77,46,070/- to the various institutions granting rebate to the consumers of the Khadi Product of the United Bihar. In the light of the said discussion, a sum of Rs. 12,81,85,611/- has been directed to be released within a time-frame for payment to the institutions granting rebate within the separated State of Bihar. Aforesaid claim of the petitioner is not being considered and the amount released by the authorities of the State of Bihar as after division of the United Bihar Jharkhand State has established its own Jharkhand State Khadi & Village Industries Board and taken possession of the entire assets of the Bihar Board situate within the Jharkhand State. 3. It is submitted on behalf of the State of Bihar 3 and the Bihar State Khadi & Village Industries Board that until the dispute with regard to the division of the Bihar State Khadi & Village Industries Board and its asset is not settled with the Jharkhand State and the Jharkhand Board, the amount payable to the institutions situate in the Jharkhand State cannot be reimbursed by the authorities of the State of Bihar. 4. Counsel for the petitioner in rejoinder submitted that petitioner-institution is not responsible for the creation of the Jharkhand State Khadi & Village Industries Board and its interest should not be allowed to suffer on account of the dispute between the State of Bihar, Jharkhand State and the Board. 5. Having heard counsel for the parties, I am of the view that as the dispute has arisen out of the division of the State and the two Boards the arbitrator having been appointed under the resolution of the Bihar Vidhan Parishad, this Court is not in a position to execute the decision taken under the resolution of the Vidhan Parishad and in such view of the matter, prayer made in the application is dismissed. Ibrar/- ( V. N. Sinha, J.)