IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15234 of 2010 M/S PARAS ENTERPRISES,10, Jagdish Lok Apartment, West Boring Canal Road, Patna , through its proprietor Puneet Kumar Jain, son of R.K. Jain, resident of 10, Jagdish Lok Apartment, West Boring Canal Road, P.O. Boring Canal Road, P.S.Budha Colony, District- Patna….Petitioner Versus 1. THE STATE OF BIHAR, through the Chief Secretary, Government of Bihar, Old Secretariat, Patna. 2. The Principal Secretary, Department of Disaster Management, Government of Bihar, patna. 3. The District Magistrate, Araria. 4. The District Disaster Management Officer, Araria…. Respondents ----------- For the petitioner: Mr. Y.V. Giri, Senior Advocate Mr. Suraj Samdarshi, Advocate For the State: Ms. Pallavi Thakur, A.C. to G.A.7. --------- 2. 26.10.2010 The case of the petitioner in the present matter is that out of an order for supply of 24,500 pieces of polythene sheets of the required quantity for which immediate supply was to be made to the tune of 12,250 polythene sheets, which the petitioner had supplied and further on subsequent requirement, supply of 21,188 polythene sheets was made by the petitioner, for which admittedly all payments have now been made. Learned counsel for the petitioner submits that under wrong impression the petitioner had made arrangements for supply of the entire quantity of 24,500 polythene sheets and thus approximately a quantity of 12,250 polythene sheets are still lying with the petitioner. It is - 2 - alleged that the same have already been weighed by the authorities. It is further submitted by learned counsel that while the respondent- authorities are issuing various advertisements inviting tenders for supply of polythene sheets by different suppliers, which would obviously be at a higher rate, but they are not accepting the supply from the petitioner at the lower rate as was supplied by order dated 17.7.2009. On a consideration of the averments made in the pleadings of the parties, this Court is of the view that no specific direction can be issued to the respondent authorities to make a further purchase of 12,250 polythene sheets in terms of the order dated 17.7.2009, but considering the fact that the petitioner is prepared to make supply of polythene sheets at the rate which is likely to be lower than that would be obtained in the process being undertaken by the respondent authorities, the petitioner is given liberty to file his representation before the District Magistrate, Araria in this regard who shall consider and dispose of the representation within a period of six weeks from the date of receipt/production of the same along with a copy - 3 - of this order and while disposing of the same shall take into consideration the past conduct of the petitioner as also the benefit that may accrue to the State if the supply is made at the lower rate offered by him earlier than that at the prevailing rate. VPS ( Ramesh Kumar Datta, J. )