IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3639 of 2007 M/S ABHINANDAN STORE THROUGH PROPRIETOR MD. FAIYAZ KHAN SON OF LATE SAHEB KHAN RESIDENT OF SUBHASH MARKET, SHOP NO. 6, ARARIA, P.S. ARARIA, DISTRICT ARARIA Versus 1. THE STATE OF BIHAR 2. THE CHIEF ELECTION COMMISSIONER, BIHAR, PATNA. 3. THE COMMISSIONER, PURNEA 4. THE ELECTION OFFICER CUM THE DISTRICT MAGISTRATE, KISHANGANJ. 5. THE DEPUTY ELECTION OFFICER, KISHANGANJ ----------- 2 10/02/2010 This writ application was filed in the year 2007, to be précised on 21.3.2007. As is the procedure in the High Court, two copies of the writ applications are served on the State Counsel before filing of the same. From the records it appears that no counter affidavit has been filed in this regard till date. Today when the matter is taken up a prayer is made on behalf of the State for grant of some time to file counter affidavit. The Court is not inclined to entertain such a request in view of failure on their part to do so earlier. The petitioner had effected supplies and made arrangements for conducting elections which were held in the State of Bihar. The elections in question were Assembly election conducted in the year 2000 and Parliamentary - 2 - election held in the year 1999. After successful completion of the so called democratic exercise, the petitioner has raised his bills on the district administration. He has also brought on record letter no. 407 dated 5.8.2002 (Annexure- 4) to show that the Secretary of the Commissioner of Purnea Division has forwarded his representation to the District Magistrate, Kishanganj, who is also the District Election Officer, for necessary action but no payments have been made till date. This writ application is disposed of with a direction upon the District Magistrate, Kishanganj to examine the claim of the petitioner and take appropriate decision within a period of three months from the date of production or communication of a copy of this order. The Court fails to understand that when large amount of money is released for conducting elections then how come when it comes down to settlement of bills the citizens are left either to knock at the doors of respondents for many a years or compelled to come to the Court for an appropriate direction. Pendency of such bills for a long period of time does not reflect well upon the district administration. Failure on their part to respond at the earliest is one of the reasons for such litigations coming - 3 - before the High Court. They are cautioned at this stage but the Court may have to observe much more, may be in yet other appropriate case, if the occasion arises. This writ application is disposed of as stated above. AMIN (Ajay Kumar Tripathi, J.)