IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3015 of 2009 M/S CHANDRA PRAKASH STEEEL TRUNK FACTORY, SHADIPUR, MUNGER THROUGH ITS PROPRIETOR CHANDRA PRAKASH PRASAD SON OF LATE RAGHUNANDAN PRASAD RESIDENT OF VILLAGE SHADIPUR, P.S. KOTWALI, DISTERICT MUNGER. Versus 1. THE STATE OF BIHAR THROUGH CABINET SECRETARY, CABINET SECRETARIAT & ELECTION DEPARTMENT (ELECTION SECTION) MANGLES ROAD, PATNA. 2. THE RURAL DEVELOPMENT DEPARTMENT (VILLAGE ENGINEERING COMMITTEE, PANCHAYAT RAJ), BIHR, PATNA. 3. THE COMMISSIONER MUNGER DISTRICT MUNGER 4. THE SECRETARY STATE ELECTION COMMISSION, BIHAR, PATNA. 5. THE DISTRICT MAGISTRATE, KHAGARIA. 6. THE CIRCLE OFFICER CHAUTHAM GOGRI, DISTRICT MUNGER. 7. THE JOINT ELECTION COMMISSIONER, STATE ELECTION COMMISSION, BIHAR, PATNA OLD SECRETARIAT CAMPUS, PATNA. 8. THE CHIEF ELECTION OFFICER, BIHAR, PATNA OLD SECRRETARIAT CAMPUS, PATNA. 9. THE DISTRICT ELECTION OFFICER, KHAGARIA. 10. THE DEPUTY ELECTION OFFICER, KHAGARIA. 11. THE DIRECTOR PANCHAYATI RAJ BIHAR, PATNA SECRETARIAT, PATNA. 12. THE DISTRICT PANCHAYAT RAJ OFFICER, KHAGARIA, DISTRICT KHAGARIA. 13. THE PUBLIC INFORMATION OFFICER, DISTRICT INFORMATION CELL, KHAGARIA. with CWJC No.5388 of 2009 S CHANDRA PRAKASH STEEL TRUNK FACTORY. Versus THE STATE OF BIHAR & ORS . ----------- 3 05/03/2010 There are two writ applications filed by the present - 2 - writ petitioner. One is C.W.J.C. NO. 3015 of 2009 and another is C.W.J.C. No. 5388 of 2009. Since both the writ applications relate to the same petitioner and the respondents are also the same, there seems to be a comedy of error in the position which has been conveyed to this Court in the counter affidavit which has come to be filed in C.W.J.C. No. 3015 of 2009. C.W.J.C. No. 3015 of 2009 relates to claim of payment of Rs.1,40,000/- which the petitioner is claiming as his due for greasing, painting and maintenance of ballot boxes for Panchayat election held in the year 2001. The only reason why this payment could not be made is because there was no allocation of funds. This position stands confirmed and corroborated vide communication dated 26.09.2008 which is a letter issued by the District Panchat Raj Officer, Khagaria. The second writ application being C.W.J.C. No. 5388 of 2009 was with regard to claim for again repairing of ballot boxes etc. for Assembly election held in the year 2000. Counter affidavit has now been filed in C.W.J.C. no. 3015 of 2009 where statement has been made that the - 3 - petitioner has been paid a sum of Rs.60,890/-. The stand of the petitioner is that probably, this payment relates to the claim for Assembly election but the claim with regard to Panchayat election which was subject matter of dispute in this writ application has not yet been decided. The payment made to the petitioner, even if it is taken to be payment for claim in C.W.J.C.No. 3015 of 2009, then it is not the complete payment but it looks like that the said payment relates to the other writ application. Therefore, some dispute is still left with regard to payment for the Panchayat election held in the year 2001. Both these writ applications stand disposed of with a direction upon the District Panchayat Raj Officer, Khagaria that he is now to take steps for settlement of the claim of the petitioner in relation to C.W.J.C. No. 3015 of 2009 since the only reason why payment could not be made was lack of allocation of funds at that time. The Court expects that the matter will be settled and payments will be made to the petitioner within a period of three months from the date of production or communication of a copy of this order. Before parting, learned counsel for the petitioner - 4 - points out that the cheque was issued in the month of October, 2009 and since it could not be handed over to the petitioner well in time, the same has lost its validity and would be required to be revalidated. The petitioner shall approach the respondents who shall ensure that the cheque is revalidated and re-issued. AMIN (Ajay Kumar Tripathi, J.)