IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5161 of 2010 M/S PARAS ENTERPRISES, 10 JAGDISH LOK APARTMENT WEST BORING CANAL ROAD,PATNA THROUGH ITS PROPRIETOR PUNEET KUMAR JAIN S/O R.K.JAIN R/O 10 JAGDISH LOK APARTMENT WEST BORING CANAL ROAD, PO-BORING CANAL ROAD, PS-BUDHA COLONY, DISTT- PATNA--PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECY. GOVT. OF BIHAR, PATNA. 2. THE PRINCIAPL SECY, DEPARTMENT OF DISASTER MANAGEMENT, GOVERNMENT OF BIHAR 3. THE DISTRICT MAGISTRATE, PATNA---------RESPONDENTS. ----------- 4 4.5.2010 Heard learned counsel for the parties. There are various kinds of twist and turn to the writ application from the time it was initially filed till the time it has reached today. Petitioner was given a purchase order for supply of polythene sheets by the District Purchase Committee on 10.6.2009. The total purchase to be effected was 245000 pieces of polythene sheets of 250 microne measuring 4x5 meters in size. After 50% of the supply was effected for some reason the respondents refused to receive any further supply from the petitioner. Efforts were made to make purchase from yet another supplier because yet another decision indicating such an action was brought on record by the petitioner. The petitioner had to move the Court seeking a direction upon the respondents to accept the balance supply in terms of the purchase order and also make payment thereof. Unfortunately due to a tornado in the Araria district thousands of people were rendered homeless. The cyclone like devastation created a calamitous situation. Egged on by the government authorities at Patna and the dictates of Disaster - 2 - Management Department an SOS came to be issued by the District Magistrate. Fax message to the petitioner was dispatched not only showing their inclination to accept the balance amount of the polythene but demand for additional supply of polythene was placed. This time the petitioner was granted only three days time. The total supply effected this time was 21000 polythene sheets. It is due to the efforts of the petitioner and mobilization of resources that supply was made though not within time frame of three days but in additional three to four days. The Court can only observe that if the District Purchase Committee and District Magistrate, Araria had accepted the full supply in terms of the initial order may be those supplies would have stood for the district administration in good stead in the present situation but that is another story. The petitioner now in view of the above development states that huge amount of money has been blocked in the said supply and the district authority has obligation to make payment for these supplies. The prayer of the petitioner is fair and if the supplies have been made the payment must accrue within a reasonable time frame. A letter no. 267 dated 3rd May, 2010 addressed to the Standing Counsel No. 14 has been placed before this Court. The District Magistrate, Araria states that he is trying to verify the quantity from various sources and circles where they were - 3 - supplied and he also wants to verify the quality of the polythene sheets supplied. After verification of all these things the payment order will be issued. There cannot be any quarrel on this issue. The verification will be made with regard to supply and quality thereof but then this exercise has to be done within a reasonable time frame. All told the Court expects that the exercise shall be completed within thirty days from today and payment thereafter shall be made to the petitioner. In the name of verification of both kinds the matter cannot remain pending indefinitely. The District Magistrate is directed to consider the request of the petitioner for release of 50% payment as a stop gap arrangement in the meanwhile looking at the volume of supply and the money the petitioner has invested in the business. This writ application stands allowed with the above direction. RPS (Ajay Kumar Tripathi,J.)