IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14999 of 2007 MD.ISLAM SON OF LATE SHEIKH ABUL HASAN RESIDENT OF MOHALLA GANJ NO. 1 (NEAR KHALIL LODGE) P.S. BETTIAH, TOWN AND DISTRICT BETTIAH. Versus 1. THE STATE OF BIHAR 2. THE INSPECTGOR GENERAL, KARA (JAIL) BIHAR, PATNA. 3. THE SUPERINTENDENT OF JAIL, MANDAL KARA (JAIL), BETTIAH. 4. THE DISTRICT MAGISTRATE, BETTIAH. ----------- 2 09/03/2010 No counter affidavit on behalf of the respondents State has been filed in three years when this writ application was pending. Claim of the petitioner is for payment of certain dues which has been quantified to a sum of Rs.2,39,437/-. This payment is being claimed for supplies of vegetables and other raw materials to the Divisional Jail at Bettiah. Supplies were effected between January 2005 to June 2006. After effecting supplies the petitioner had been doing round of the respondents but payments are not being made. Certain communication has been brought on record from where there is a reflection that the supplies had been effected and the materials received but the final payment could not be made because no proper rates could be fixed at - 2 - the relevant time as no tender could be invited in this regard. That is the only reason assigned for non payment. It also emerges from the said communication that the petitioner was asked to effect supply in anticipation of approval and sanction by the concerned authorities. The petitioner has been made to effect supplies naturally because the prisoner could not remain hungry waiting for finalisation of tender or fixation of rates but then the rates on which supplies have been effected seem to be reasonable and within the parameters of price of most of the items. Only because of this technicality the petitioner cannot be deprived of his right to claim settlement of his bills. If there are any serious dispute with regard to the price which has been claimed by the petitioner, then that aspect may be considered but it is not a case where the petitioner is not entitled to payment at all. This writ application is disposed of with a direction upon the Inspector General of Prison, Bihar, Patna that he will get the claim of the petitioner examined and pass appropriate direction for settlement of the dispute of the petitioner. This matter should be sorted out within a period - 3 - of three months and all the rightful dues of the petitioner must also be paid within the same time frame. AMIN (Ajay Kumar Tripathi, J.)