IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.642 of 2010 In (CIVIL WRIT JURISDICTION CASE 5576/2007) 1. M/S Bharat Book Depot through its Partner Anand Prasad aged about 43 years S/O Giridhar Prasad R/O Mohalla- Sujaganj Bhagalpur, P.S.- Kotwali, Distt.- Bhagalpur ....Appellant Versus 1. The State Of Bihar through the Chief Secretary Government Of Bihar, having his Office in Old Secretariat, P.S.- Sachivalaya, Distt.- Patna 2. The District Magistrate, Bhagalpur having his Office In Collectorate Compound, P.S.- Bhagalpur, Distt.- Bhagalpur 3. The Deputy Development Commissioner having his Office in Bhagalpur, P.S.- Bhagalpur, Distt.- Bhagalpur 4. Sri Parmanand Paswan, the then Deputy Development Commissioner Bhagalpur at Present Posted as Joint Secretary, Welfare Department, Government Of Bihar, having his Office In Vikas Bhawan, P.S.- Sachivalaya, Distt.- Patna 5. Pustak Bhandar, Through Its Proprietor Sri Shyam Jee Radha Krishna Mandir Marg, Shivpuri, Patna-23 6. The Senior Officer-Cum-Director Account Administration Cum Self Employment, District Rural Development Authority, Bhagalpur, Distt.- Bhagalpur .......Respondents ---------------------------------- 5 20-12-2011 Heard the parties. The writ court has dismissed the writ petition on finding that the order for supply of books was cancelled by the authorities on account of failure to supply the books within time and the work was allocated to another supplier. We do not feel persuaded to interfere in such contractual matters. The appeal is, therefore, dismissed. A grievance has been raised on behalf of the appellant that atleast from 9 schools information has been gathered that they are unable to return the books 2 supplied by the appellant on account of various difficulties. The appellant prays that if no payment can be made for the books supplied by him on account of cancellation of the agreement, either books should be refunded or he should be paid cost of the books supplied. Learned counsel for the appellant submits that there was already a direction by the competent authority that if the appellant had supplied books he should take those books back. That is evident from annexure-2 to the writ petition. We grant liberty to the appellant to file a representation before the District Magistrate, Bhagalpur who shall ensure that the schools in question who have admitted that they could not return the books, either return the books or they should arrange for payment of cost of those books within a reasonable time. BKS/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)