IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20740 of 2010 ………… Md.Nizam, son of late Md. Zafir, Proprietor Patna Tent House, Mohalla Maksuspur, Hazart Ganj Khanka Road, Munger, P.S. Munger, District Munger. … Petitioner Versus 1. The State Of Bihar through Principal Secretary, Panchayati Raj Department, Bihar, Patna 2. District Magistrate-cum-District Returning Officer, Panchayat Raj, Munger. … Respondents ------- For the Petitioner : Mr. Tarkeshwar Pd. Verma, Advocate For the State : Mr. Chandra Shekhar Singh, A.C. to G.P. 16 For the Intervener: Mr. Akhauri Kamal Kishore Sahay, Advocate _____ 04/ 11.08.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for directing the respondents to pay the admitted dues of Rs.20,06,000.00 to the petitioner for supply of chair, table, tent mic set, generator and others goods in Panchayat election of Munger district held in the year 2006 in Blocks of three Sub-Divisions and old Police line, new Police line and Counting Hall of R.D. and D.J. College, Munger, along with interest calculated at the rate of 12% per annum thereon. 3. The respondents have filed a counter affidavit stating that the said amount is not an admitted amount and the admitted amount is Rs.8,51.760.00, out of which a cheque of Rs. 5,27,573.00 has been issued by the authorities in the name of the petitioner but the petitioner has not taken it. 4. I.A. No. 879 of 2011 has been filed by the interveners, namely Raj Kumar Poddar and Md. Israr Alam for being - 2 - impleaded in the writ petition claiming their genuine shares in the said amount as per their agreement with the writ petitioner, but a copy of the said interlocutory application has not been served upon learned counsel for the petitioner although it has been served upon learned counsel for the respondents. 5. Considering the entire facts and circumstances of the case as well as the materials on record, this writ petition is disposed of with a liberty to the petitioner to approach the District Magistrate-cum-District Returning Officer, Panchayat Raj, Munger, (respondent no.2) by way of filing an application giving details of his claims with respect to due amount and interest as well as the grounds taken in this writ petition. If such an application is filed by the petitioner along with a copy of this order within four weeks from today, the said authority shall consider the same on its merit in accordance with law and shall decide it by a speaking order within four months thereafter. The interveners may also approach the said authority within the said period. The said authority shall also decide the entitlement of the petitioner as well as of other claimants to the said amount as per the documents produced by them. If any amount or interest is found to be admitted and payable to the petitioner, the same should be paid to him immediately thereafter. However, if any amount or interest is not found to be admitted and payable in the said order, the petitioner will be at liberty to challenge the same before an appropriate forum. MPS/ (S.N.Hussain, J.)