IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.988 of 2006 1. Smt.Pushpa Sinha @ Pushpa Sinh w/o Prem Prakash Singh Proprietor, M/s V.K. Enterprises, Kumhar Toli, Kankarbagh Road, Patna-20. 2. Shree Prem Prakash Singh, s/o Shree Ram Narayan Singh, resident of Kumhar Toli, P.S. Kankarbagh, District Patna.......Petitioners. Versus 1. The State Of Bihar 2. I.G. (Inspector General, Prison), Old Secretariat, Patna. 3. Jail Superintendent Motihari, Distt. Motihari………..Respondents. ---------------------------------- 02/ 29.09.2011 Heard learned counsel for the petitioners. No one appears for the respondents although the name of their counsel is appearing on the daily cause list. 2. This writ petition has been filed by the petitioners for the following reliefs: (a) For the issuance of a writ in the nature of mandamus commanding the respondent authorities to make payment of sum of Rs.42,915.60 paise only against the supply of medicines to the respondent in pursuance of supply order through letter no.52 dated 31.07.1994 to the District Jail Motihari which is lying due with the respondent authorities since 20.09.1994. (b) For the issuance of a writ in the nature of mandamus commanding the respondent authorities to also pay interest on the aforesaid amount at the rate of eighteen per cent per annum to the petitioners from the lapse of one month of the supply of medicines to the respondent i.e. 20.09.1994. (c) For any other relief or reliefs, direction or directions, order or orders that may be deemed fit and proper in the facts and circumstances of the case. 3. Learned counsel for the petitioners submits that the aforesaid dues are admitted and have not been paid only because of non-allotment of the fund in that regard which is - 2 - apparent from Annexure-4 to the writ petition. 4. Considering the averments made by learned counsel for the petitioners and the materials on record, this writ petition is disposed of with a liberty to the petitioners to approach the Jail Superintendent, Motihari (respondent no.3) along with an application giving details of their claims with interest. If such an application is filed within three weeks from today along with a copy of this order, the said authority shall consider the same and shall decide it by a speaking order in accordance with law within three months thereafter. If any amount or interest is found admitted and payable, it should be paid to the petitioners immediately thereafter. However, if any amount or interest is not found admitted and payable in the said order, the petitioners will be at liberty to challenge the same before an appropriate forum. Harish (S.N. Hussain, J.)