IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13062 of 2006 GOLDEN PRINTING PRESS, D.B.Road, Saharsa, through its proprietor Md. Ejaz Alam s/o Haji Md. Yunus, resident of Gandhi Path, Saharsa, P.O.- Saharsam P.S. Saharsa,District- Saharsa. Versus 1. THE STATE OF BIHAR 2. The Secretary Primary Education Govt. of Bihar, Patna. 3. The Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 4. The Director, Primary Education, Bihar, Patna. 5. The Budget Officer, Human Resources Development Department, Govt. of Bihar, Patna. 6. The Deputy Development Commissioner, Saharsa. 7. The District Superintendent of Education, Saharsa. ----------- 5 8.5.09 Petitioner states that he had supplied certain stationery materials pursuant to order placed on him by the District Superintendent of Education, Saharsa. All those items were delivered way back in 2004 whereafter the District Superintendent of Education has been writing to the authority for allocation of fund for making payment but fund having not been allocated, payments were not made. In the counter affidavit stand is taken that as against the claim of about Rs. 12 lakhs , on vigilance enquiry in the matter, petitioner’s claim to the extent of Rs. 7,61,236/- only was admitted. It is alleged in the counter affidavit that wrong entries were made which the department made. Learned counsel for the petitioner states that even if , for the sake of argument, what is stated in the counter affidavit is accepted even then this amount of Rs. 7,61,236/- remains to be paid.Counsel for the State states that because of involvement of vigilance and various enquiries, this could not be fully paid. - 2 - Be that as it may, in view of serious dispute with regard to total liability, this Court can only interfere in relation to admitted liability. Admitted liability being Rs. 7,61,236/- I direct that the said entire amount, after reducing the payment already made, would be made available to the petitioner within two months from the date of production of a copy of this order before the District Superintendent of Education, Saharsa. If the same is not paid within the said period, the same would then be liable to be paid along with interest at the rate of 6% per annum from the date payment was due till the payment is made. For the rest amount, petitioner can take resort to other remedy as advised to him. With the aforesaid observations and directions, this writ petition stands disposed of. singh (Navaniti Pd. Singh)