IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11046 of 2008 1. M/S RAJENDRA ENTERPRISES THROUGH ITS PROPRIETOR RAJENDRA PRASAD SON OF LATE BHAGWAN RAM, RESIDENT OF LALA BABU ROAD, NAI GODAM, P.S. KOTWALI, DISTRICT GAYA. 2. M/S. CHITRANSH PHARMA THROUGH ITS PROPRIETOR JAI PRAKASH NARAYAN SINHA, SON OF SRI MADAN MOHAN PRASAD RESIDNET OF MOHALLA GHUGRI TAR, P.S. CIVIL LINES, GAYA, DISTRICT GAYA. 3. M/S. A. B. ENTERPRISES, THROUGH ITS PROPRIETOR AJIT KUMAR SINHA SON OF LATE J. P. SINHA RESIDENT OF BESIDE RAMRUCHI KANYA VIDYALAYA, RAMDHANPUR, P.S. KOTWALI, GAYA DISTRICT GAYA. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTGRATE CUM CHAIRMAN, DISTRICT HEALTH SOCIETY, GAYA. 3. THE CIVIL SURGEON CUM SECRETARY, DISTRICT HEALTH SOCIETY, GAYA. 4. THE ADDITIONAL CHIEF MEDICAL OFFICER, DISTRICT HEALTH SOCIETY, GAYA. 5. DISTRICT PROJECT MANAGER, DISTRICT HEALTH SOCIETY, GAYA. ----------- 2 26/04/2010 Petitioners are before the High Court as the concerned authorities, specially, the Civil Surgeon-cum- Secretary, District Health Society, Gaya failed to pay the admitted dues to the petitioners for supply of certain medicines made by them on the orders of supply issued by the Additional Chief Medical Officer, District Health Society, Gaya for the financial year 2004-05. - 2 - Submission of the learned counsel for the petitioners is that there is evidence to show by a look of annexure-2 that bills were prepared for payment but the same could not be honoured because it could not be presented within the financial year for the year in question and the fund lapsed. Thereafter certain communications have been made by the Deputy Development Commissioner of Gaya district for release of fund. In this regard letter no. 481 dated 5.5.2006 contained in Annexure-3 is the testimony. Learned counsel for the petitioners have thereafter also shown evidence which are Annexures 4 and 5 that the funds have been released in favour of the Civil Surgeon, Gaya but for the reasons best known to them, payments have not been made. Writ petition was filed way back in July, 2008 and two copies of the writ application was served in the office of the Advocate General but for the reasons best known to them, they have failed to file counter affidavit. Keeping in mind the evidence which has been brought on record and the official communications, it is only a case of lethargy rather than any case of lack of fund. This writ application is disposed of with a direction - 3 - upon the Civil Surgeon-cum-Secretary, District Health Society, Gaya to ensure that the payment of the admitted amount of the bills as emerged from the various annexures shall be made to the petitioner within a period of three months from the date of receipt or communication of a copy of this order. AMIN (Ajay Kumar Tripathi, J.)