IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16844 of 2007 RUPESH KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2 26.3.2010 Heard learned counsel for the parties. Petitioner is one of the suppliers who supplied various eatable and stationery items between the years 2002-04 based on the different tenders quoted in this regard. Supplies were made to the Sasaram District Jail and Bikramganj sub jail. When no payment came to be made against the supplies the present writ application came to be filed. It is stated that the counter affidavit was filed but the same is not on record. With the help of the copy of counter affidavit served on the petitioner this matter is looked into. There is no substantial reason given for non-payment of the bills. The standard explanation is non-availability of fund as if it is the part and parcel of the petitioner to make the fund available. During the pendency of the writ application a sum of Rs. 36734/- was paid to the petitioner on 21.3.2009. But a sum of Rs. 45470.51 paise is stated to be still due for which correspondences are being made with the I.G. Prison, Patna. Once supplies are affected and delivery made a citizen has right to be paid his dues within a reasonable time. It is the responsibility of the State to ensure the necessary funds are available and the payment cannot be delayed indefinitely on the ground of allocation. - 2 - Keeping in view of the stand of the respondents and the communication made with the I.G. Prison with regard to release of fund for the balance amount, this writ application is disposed of with a direction that I.G. Prison shall ensure that the balance amount payable to the petitioner be also released within a period of three months from the date of communication or production of a copy of this order. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)