IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14677 of 2008 AMRENDRA KUMAR SINHA, SON OF SHRI DEV NANDAN PRASAD, RESIDENT OF JANAKPUR, BUNIYADGANJ, P.S.MUFFASIL, DISTRICT GAYA--------------------------------------------------------------------------PETITIONER Versus 1.THE STATE OF BIHAR THROUGH SECRETARY, HEALTH, GOVERNMENT OF BIHAR, PATNA 2.THE DIRECTOR-IN-CHIEF, HEALTH, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 3.THE DISTRICT MAGISTRATE-CUM-CHAIRMAN, DISTRICT HEALTH SOCIETY, GAYA 4.THE CIVIL SURGEON-CUM-MEMBER SECRETARY, DISTRICT HEALTH SOCIETY, GAYA 5.THE ASSISTANT CHIEF MEDICAL OFFICER, GAYA 6.THE DISTRICT TUBERCULOSIS OFFICER-CUM-MEMBER, SECRETARY, R.N.T.C.P 7.DR.VIJAY KUMAR, MEDICAL OFFICER, TUBERCULOSIS CENTRE, PILGRIM HOSPITAL, GAYA------------------------------------------RESPONDENTS ----------- For the petitioner :Mr.Om Prakash Upadhyay,Advocate For the State :Mr.Ahsanuddin amanullah,GA 9 Mr.Arun Kr.Pd.,AC to GA 9 ------ 5. 06.9.2010 The petitioner has come to this Court praying for direction upon the respondents for payment of his admitted dues with interest. The case of the petitioner is that he was carrying on his business in the name and style of M/s. Abhishek Enterprises, Balaji Electronics Market, Koeribari Road, Gaya. In the course of his business the petitioner claimed to have made supplies of various chemicals and articles to the Revised National Tuberculosis Control Programme (R.N.T.C.P.). The grievance of the petitioner is that his 2 bills amounting to Rs.99,722/- has not been paid by the respondent authorities till date. In the counter affidavit filed on behalf of the respondent authorities it is stated that father of the petitioner Sri Deonandan Prasad, who was part time Accountant of R.N.T.C.P., Gaya, had not handed over the total charge, such as, Cash Book, Ledger Book, Petty Cash Book, Permanent Assets(property) Register, Laboratory Consumable Register, Advance Register, Cheque Book Register and counter foil of the cheques and other related documents despite several reminders being given to him. On the order of the District Magistrate-cum-Chairman and also the Civil Surgeon-cum-Secretary, R.N.T.C.P., Gaya, an FIR. was also lodged against the father of the petitioner. It is stated in the counter affidavit that due to non- availability of the said registers it is very difficult to examine whether certain articles had been supplied or not and whether the amount has already been paid or not and, in the said circumstances, it is not possible to dispose of the matter with respect to the petitioner. It is further stated that a letter was also written to the petitioner on 1.4.2009 to 3 explain regarding the articles supplied by him, but no such reply has been received. On a consideration of the aforesaid facts and circumstances, this Court is of the view that the matter in question cannot be considered and disposed of in proceedings under Article 226 of the Constitution. Issues of fact have been raised which can only be proved in duly constituted proceedings in a court of law and not in writ proceedings. In the above circumstances, the writ application is dismissed. (Ramesh Kumar Datta,J.) Spal/