IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11406 of 2007 ----------- M/S Vishal Auto Mobiles, through its Managing Partner Dhirendra Kumar Mandal, son of late Mahabir Mandal, resident of Mohalla Laheriaganj, Ward No. 2, Madhubani, P.O., P.S. and District Madhubani … Petitioner Versus 1. Nagar Parishad, Madhubani, through the Chairman, P.O., P.S. and District Madhubani. 2. The Chairman, Nagar Parishad, Madhubani, P.O., P.S. and District Madhubani. 3. The Executive Officer, Nagar Parishad, Madhubani, P.O., P.S. and District Madhubani. … Respondents ------- For the Petitioner : Mr. S.B.K. Mangalam, Advocate For Respondents no.1&2: Mr. Purushottam Jha, Advocate For Respondent no.3 : None ----- 11/ 03.05.2011 Heard learned counsel for the petitioner and learned counsel for respondents no. 1 and 2.. 2. This writ petition has been filed by the petitioner challenging letter dated 23.07.2007 (Annexure 4) issued by the Executive Officer, Nagar Parishad, Madhubani (respondent no.3), by which the petitioner was directed to take back the sucking machine supplied by the petitioner in the year 2006 under the supply order issued by the Executive Officer and also for directing the respondents to pay the price of the sucking machine i.e. Rs.3,28,000.00, which was supplied by the petitioner in compliance of memo no. 241 dated 29.05.2006 with 12% interest and for other ancillary reliefs. 3. The claim of the petitioner is that a tractor and a sucking machine were to be supplied by the petitioner which he 2 supplied, whereafter the same were used. After some time certain defects occurred in the sucking machine due to which it became non-functional, for which the persons of respondent-Nagar Parishad, who were handling the same, were responsible and the petitioner was not at all liable to compensate the said loss. 4. On the other hand, learned counsel for respondent- Nagar Parishad vehemently opposes the contention of learned counsel for the petitioner and submits that there was delay in the supply of the sucking machine and it was out of order and non- operational since the date of its purchase and has been lying in the godown uselessly, due to which the petitioner has been repeatedly directed to take back the sucking machine or to get it repaired so that the remaining amount of the petitioner may be paid to him. 5. It is not disputed that a Junior Engineer (Mechanical) of Public Health Engineering Department, Madhubani was directed to examine the mechanical and operational capacity of the sucking machine as to whether it was fit in terms of the work order dated 29.05.2006, whereafter the said Junior Engineer examined the sucking machine and submitted his report dated 11.12.2006 holding that the sucking machine was operational. However, learned counsel for the respondents submits that the said report is not correct, but there is no other report by any of the authorities to contradict the same. 6. Considering the entire facts and circumstances of this case, it is not in dispute that the sucking machine has been 3 supplied by the petitioner to the respondent and the same has become non-operational and is lying in the godown of respondent- Nagar Parishad, Madhubani for more than four years due to this dispute, although it is direly required for the public purpose. 7. In the said circumstances, this writ petition is disposed of with a direction to the petitioner to repair the said sucking machine and to replace its defective parts. However, if any part is missing from the said sucking machine, respondent-Nagar Parishad, Madhubani will have to pay the cost of such part. The entire exercise should be completed within one month, during which period respondent-Nagar Parishad, Madhubani shall make payment or see to it that the payment for the missing parts is made to the petitioner without delay. If thereafter the petitioner completes the entire repairing works and brings the sucking machine to order, the respondents shall pay the remaining price of the sucking machine to the petitioner within one month from the date of its repair positively. MPS/ ( S. N. Hussain, J. )