IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1570 of 2008 M/S MEDICON INTERNATIONAL. Situated at B-21, Mahima Place, Govind Mitra Road, P S – Pirbahore, District – Patna, through its Proprietor Sri Ashok Rajgarhia, son of Sri Champa Lal Rajgarhia, residing at B-702, While House, Budh Marg, P S – Kotwali, District – Patna -800 001. Versus 1. THE STATE OF BIHAR. 2. The Secretary, Health Department, Govt. of Bihar, Patna. 3. The Civil Surgeon cum Chief Medical Officer, Rohtas at Sasaram. 4. The Medical Officer Incharge, Model Leprosy Control Unit, Rudrapura, Dehri-on-sone. ----------- 02. 29.03.2010 Heard learned counsel for the petitioner and learned counsel for the State. Certain order for supply of drugs and dressing was placed by the Medical Officer Incharge, Model Leprosy Control Unit, situated at Rudrapura, Dehri-on-sone, Rohtas, on Maharashtra Antibiotics and Pharmaceuticals Limited, a Govt. of India Enterprise. The said company wrote to the Medical Officer Incharge indicating that the supply will be effected by their authorized agent namely, M/S. Medicon International , Patna, the present petitioner to the case. Based on annexure 1 and 3 supplies have been made but payment has not been made over to the present petitioner despite assurances being issued to him from time to time. One of those assurances is contained in letter dated 10.9.2002 contained in annexure-5. No counter affidavit on behalf of the State has been filed till date. The only reason why payment has not been made is lack of fund and allocation thereof. That is no ground 2 for non-payment of the rightful due of the petitioner. The writ application is disposed of with a direction upon the Medical Officer Incharge (respondent No.4) to ensure that the necessary fund is obtained from the competent authority and money is released in favour of the petitioner preferably within three months from the date of communication / production of a copy of this order, if the payment has not been made so far. rkp ( Ajay Kumar Tripathi, J )