IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3820 of 2006 Vijay Kant Jha, Son of late Jagdish Jha, resident of Mohalla – Mahendru, P.S. Pirbahore, District – Patna, State – Bihar. ……… Petitioner. Versus 1. The State Of Bihar. 2. The District Magistrate cum Chairman, Ankur District Literacy Samiti, Katihar. 3. The Secretary, Ankur District Literacy Samiti, Katihar. ………… Respondents. ---------------------------------- For the Petitioner : - Mr. Raman Kumar Singh, Advocate For the State : - Mr. Gyan Shankar, AC to GP-6. --------------- 04/ 01.12.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ application has been filed by the petitioner for the following reliefs:- (I) To quash the order of District Magistrate cum Chairman of Ankur District Literacy Samiti, Katihar dated 12.11.2002 by which supply order of Parveshika part III book has been cancelled as petitioner’s delay and directed the petitioner to return the advance of Rs. 8,25,000 (Eight lacs Twenty five thousand) by a Demand Draft within 7 days to Ankur District Literacy Samiti, Katihar, if not the first information report shall be registered against petitioner and legal action shall be taken against petitioner and petitioner name shall be put in black list and necessary information shall be given to all the districts. (II) For issuance of writ/directions to respondents to 2 allow the petitioner to supply the book Parveshika III or to get any printing work done on the same old rate of March 2002 on which supply order was made to the petitioner, as the petitioner has already purchased paper from the advance money of Rs.8,25,000/-. (III) For issuance of writ/direction to respondents for a grant of any other relief or reliefs for which the petitioner is deemed entitled to. 3. Learned counsel for the petitioner has stated that the respondents have allotted work in the year 2002 for printing and supplying Parveshika part III and other materials and for purchase of papers etc. Rs.8.25 lacs were given to the petitioner by the authorities concerned but due to the fault of the respondents and due to the difficulties created by them the petitioner could not provide the required books and materials within the time prescribed, whereafter coercive actions had been directed against the petitioner against which the instant writ petition has been filed. 4. Learned counsel submits that the petitioner has made three offers, out which the respondent authorities are requested by him to select any one. They are as follows:- (i) To permit the petitioner to print Parveshika part III or any other material afresh at the rate allotted to the petitioner in the year 2002; (ii) To supply back the papers worth Rs.8.25 lacs purchased from the money given to the petitioner 3 by the respondents; and (iii) To pay Rs.8.25 lacs. to the respondents without interest within six months as the fault was squarely of the respondents and the petitioner committed no fault at all. 5. On the other hand, learned counsel for the respondents vehemently opposes the contention of the learned counsel for the petitioner and submits that sufficient opportunities were given to the petitioner but he failed to avail the same. He further submits that books and materials were sought to be printed and supplied for specific scheme, which had lapsed after 2002 and hence, there is no occasion for fresh publication of the aforesaid books and materials. He also stated that the fault of delay in the supply was not on the respondents rather the fault was of the petitioner and hence, coercive action was rightly directed to be taken against the petitioner and vigilance enquiry has been initiated. 6. Considering the aforesaid facts and circumstances and the submissions made by the learned counsel for the parties as well as other materials available on record, this writ petition is disposed of, with a liberty to the petitioner to approach the District Magistrate –cum- Chairman, Ankur District Literacy Samiti, Katihar (respondent no. 2) along with an application detailing his grievances and specifying his offer as mentioned above. If such an application is filed by the petitioner within one month from today before the said authority along with a copy of 4 this order the District Magistrate, Katihar shall consider and decide the same by passing speaking order within four months thereafter. If the petitioner deposits Rs.8.25 lacs. with the aforesaid respondent within six months the District Magistrate shall accept the same and consider the question of interest as per the arguments raised by the parties and decide the same in accordance with law. 7. It may be noted that this order will not have any adverse effect on any proceeding initiated by the authorities as no claim with respect thereto has been raised by the learned counsel for the petitioner in that regard. DKS/ (S.N. Hussain, J.)