IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5650 of 2006 Bihar State Ex-Services League (A), Begusarai Branch at Begusarai through its Secretary Basudeo Das, son of Late Biranch Das, permanent resident of village- Chaturbhuj Bisnupur, Police-Station Begusarai, District-Begusarai, presently residing at P.O. & P.S. and District-Begusarai. ……Petitioner. Versus 1. The State of Bihar. 2. The District Magistrate, Begusarai, at P.O. P.S. and District- Begusarai. 3. The Sub-Divisional Officer, Begusarai, at P.O. and P.S. & District-Begusarai. 4. The Nagar Parishad, Begusarai through its Executive Officer at P.O. & P.S. and District-Begusarai. 5. The Executive Officer, Nagar Parishad, Begusarai at P.O. & P.S. and district –Begusarai. …..Respondents. --------------- 04/ 05.12.2011 Mrs. Smita, learned counsel for the petitioner argues the matter in detail stating that the petitioner is a society registered under the Societies Registration Act, 1860 having been registered with the Registrar General Bihar and represented through its Secretary Basudeo Das and has filed this writ petition for directing the respondents authorities to make payment of several lacs of rupees as rebate to the petitioner and for other ancillary reliefs. 2. Learned counsel for the State of Bihar Mr. Satyapal Narottam, Assistant Counsel to Government Advocate-8 contests the claim of the petitioner. 3. Mr. Harsh Singh, learned counsel for Nagar Parishad vehemently opposes the contentions of learned counsel for the petitioner challenging the entitlement of the petitioner to file this writ petition. - 2 - 4. Considering the entire matter in detail, it is quite apparent that the petitioner has filed this writ petition for payment of contractual amount which is contested by the respondents. In the said circumstances, such contested matter with respect to the payment of contractual amount cannot be properly decided by this Court as it involves questions of facts also. 5. In the said circumstances, this writ petition is disposed of with a liberty to the petitioner to approach the Executive Officer, Nagar Parishad, Begusarai (respondent no.5) along with an application detailing his claim including the interest. If such an application is filed by the petitioner within fifteen days from today along with a copy of this order, the said authority shall consider the same in accordance with law by a speaking order within three months thereafter and if any amount is found to be admitted and payable it should be paid to him immediately. However, if any amount 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. Sunil ( S. N. Hussain, J.)