IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14696 of 2007 M/S MEDICON INTERNATIONAL Versus THE STATE OF BIHAR & ORS ----------- 2 9.3.2010 Petitioner was directed to make supply of certain medicines on an emergent basis to attend to the people affected by flood in the district of Araria. The order for supply placed on the petitioner is annexure-1 to the writ application. The total bill of Rs.34, 568/- was raised upon Civil Surgeon-cum-Chief Medical Officer, Araria but payment could not be made. Petitioner decided to issue a legal notice demanding his claim. In response to the said legal notice a letter no. 1509 dated 5.8.2006 was addressed to the counsel of the petitioner stating therein that the payment to the petitioner could not be released due to lack of allocation of fund. That was the stated position in the year 2006. Petitioner waited for a while and decided to file the present writ application in the year, 2007. Though the writ application was served on the counsel representing the State in the year 2007 itself but no counter affidavit has been filed for the last three years. Today a prayer for adjournment is made which the Court is not inclined to grant. This writ application is disposed of with a direction upon the Civil Surgeon-cum-Chief Medical Officer to take cognizance of the communication mentioned above. He shall ensure that the payment to the petitioner is made within a period of - 2 - three months from the date of communication or production of a copy of this order. It is his responsibility to arrange fund from whatever the resources he has. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)