IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12393 of 2011 ZAMURAT LAL ABDUL RASHID TENT CONTRACTOR, HEAD OFFICE ASHOK RAJ PATH, DARGAH ROAD, PATNA THROUGH ITS PROPRIETOR, HARUN RASHID SON OF LATE ZAIFUL HAQUE, RESIDENT OF MOHALLA PATHAR KE MASJID DARGAH ROAD, P.O. MAHENDRU, POLICE STATION SULTANGANJ, DISTRICT PATNA………………...PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF ELECTION COMMISSIONER, BIHAR, BARRACK NO.11, OLD SECRETARIAT, PATNA. 2. THE DIVISIONAL COMMISSIONER, MAGADH DIVISION, GAYA. 3. THE DISTRICT ELECTION OFFICER-CUM-DISTRICT MAGISTRATE, ARWAL. 4. THE DISTRICT MAGISTRATE CUM COLLECTOR, ARWAL. 5. THE SUPERINTENDENT OF POLICE, ARWAL. 6. THE DEPUTY DEVELOPMENT COMMISSIONER, ARWAL. 7. THE ADDITIONAL COLLECTOR, ARWAL. 8. THE SUB DIVISIONAL OFFICER, ARWAL. 9. THE DEPUTY COLLECTOR, LAND REFORMS, ARWAL. 10. THE ACCOUNTS OFFICER, DISTRICT RURAL DEVELOPMENT AGENCY, ARWAL. 11. THE INCHARGE OFFICER, CONFIDENTIAL SECTION, ARWAL. 12. THE TREASURY OFFICER, ARWAL. 13. THE MANAGING DIRECTOR, DISTRICT INDUSTRY CENTRE, ARWAL. 14. THE DISTRICT INFORMATION SCIENCE OFFICER, ARWAL. 15. THE INCHARGE DEPUTY ELECTION OFFICER, ARWAL. 16. THE DISTRICT EDUCATION OFFICER, ARWAL. 17. THE DISTRICT SUPERINTENDENT OF EDUCATION, ARWAL. 18. THE BLOCK DEVELOPMENT OFFICER, ARWAL, DISTRICT ARWAL. 19. THE BLOCK DEVELOPMENT OFFICER, KALER, DISTRICT ARWAL. 20. THE BLOCK DEVELOPMENT OFFICER, KURTHA, DISTRICT ARWAL. 21. THE BLOCK DEVELOPMENT OFFICER, VANSHI, DISTRICT ARWAL. 22. THE SENIOR INCHARGE OFFICER, DISTRICT MATERIALS CELL CUM DEPUTY DEVELOPMENT COMMISSIONER, ARWAL. 23. THE SENIOR INCHARGE OFFICER, DISTRICT VEHICLE CELL CUM DEPUTY DEVELOPMENT COMMISSIONER, ARWAL. 24. THE INCHARGE OFFICER, DISTICT TRAINING CELL CUM ASSISTANT REGISTRAR, COOPERATIVE SOCIETIES, ARWAL. - 2 - 25. THE INCHARGE OFFICER, DISTRICT E.V.M. TRAINING CELL CUM ASSISTANT REGISTRAR, COOPERATIVE SOCIETIES, ARWAL………………………………………..RESPONDENTS. For the petitioner : Mr. Umesh Kumar Mishra, Advocate. For the respondents : None. ---------------------------------- 02/ 10.08.2011 Heard learned counsel for the petitioner. No one appears for the respondent. 2. This writ petition has been filed by the petitioner for the following reliefs:- (i) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to pay the bill of Rs.1,19,35,341.71 (one crore nineteen lakh thirty five thousand three hundred forty one rupees and seventy one paise) regarding the work completed by the petitioner vide order no.510/Election/Arwal dated 6.4.2009 in connection with Lok Sabha Election, 2009 in the district of Arwal. (ii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to pay the amount of Rs.1,19,35,341.71 (one crore nineteen lakh thirty five thousand three hundred forty one rupees and seventy one paise) as the petitioner has supplied Tent, Samiyana, generator etc. and the committee constituted by the District Election Officer cum District Magistrate, Arwal approved the tender in the purchase committee meeting held on 25.3.2009. (iii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to pay the aforesaid amount as the petitioner has successfully completed the work assigned to him in terms of memo no.510/election Arwal dated 6.4.2009 and the respondent authorities concerned have issued the certificate in favour of the petitioner as he has successfully completed - 3 - the work as assigned to him. (iv) for issuance of an appropriate writ in the nature of certiorari for quashing the memo no.285 dated 15.7.2010 issued under the signature of the District Election Officer cum District Magistrate, Arwal, by which he has rejected the bill and directed for another bill without properly appreciating the facts and the certificate issued by the respondent authorities concerned with regard to his successful completion of work. (v) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to consider the reply of the petitioner to the District Election Officer cum District Magistrate, Arwal in context of memo no.285 dated 15.7.2010 in which he has categorically stated that the bill submitted by the petitioner are genuine. (vi) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to pay the bill of the petitioner with interest as per the market rate as well as the litigating cost as even after completion of the work till dated the same has not been paid. (vii) For issuance of any other appropriate writ/writs order/orders, direction/directions for which the writ petitioner will be found entitled in the facts and circumstances of the case. 3. After considering the averments made by learned counsel for the petitioner and the materials on record, this writ petition is disposed of with a liberty to the petitioner to approach the District Magistrate, Arwal (respondent no.4) along with an application giving details of his claim including the materials which show that the amount claimed by the petitioner is not a disputed amount. If such an application is - 4 - filed by the petitioner along with a copy of this order within four weeks from today, the said authority shall consider the same in accordance with law and shall decide it by a speaking order within four months thereafter. If any amount or interest is found admitted and payable, it should be paid to the petitioner immediately thereafter. However, if any amount or interest is not found admitted and payable in the said order, the petitioner will be at liberty to challenge the same before an appropriate forum. Harish (S.N. Hussain, J.)