IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5057 of 2007 SANJAY RAJAK SON OF LATE LAKHAN RAJAK M/S. SANTOSH & CO. SURYAGARHA, LAKHISARAI RESIDENT OF VILLAGE SHAKARPURA P.S. SURYAGARHA, DISTRICT LAKHISARAI. Versus 1. THE STATE OF BIHAR 2. The District Magistrate cum District Election Officer, Lakhisarai. 3. The Circle Officer cum Block Development Officer, Suryagarha, Lakhisarai. ----------- 2 11/02/2010 On the direction of the respondents State authorities, the petitioner provided generator sets at various locations in Suryagarha Blocks for smooth conduct of election work. The B.D.O. had issued necessary directions based on which the petitioner provided service but his bill has not been settled till date. The petitioner has brought Annexure-1 dated 15.3.2005 on record where necessary recommendation for payment was made by the Circle Officer-cum-Block Development Officer, Suryagarha to the District Magistrate-cum-District Electoral Officer, Lakhisarai. When the petitioner did not get payment, he approached this Court. In the counter affidavit the stand of the respondents is that exorbitant bills have been raised for the service and that was the reason which caused difficulty in settling the - 2 - dues. They have taken steps for payment to the petitioner at an appropriate rate fixed by the Commissioner, Munger Division which was Rs.65/- per day and a cheque of Rs.23,711/- was already sent to the Circle Officer, Suryagarha for payment. It is in this background that the bills have not been finally settled. The nature of the dispute being such, there is nothing on record to show as to what was the agreed amount on which the generator had to be supplied. Let the petitioner, if so advised, after receiving payment already issued in his favour raise a claim with regard to the balance amount before the authority concerned who will be obliged to decide the claim by speaking order preferably within a period of three months from the date of lodging of the claim. This writ application is disposed of with the above observation. AMIN (Ajay Kumar Tripathi, J.)