RUNGTA IRRIGATION LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Letters Patent Appeal challenges the order of 30 October, 2002 on C.W.J.C. No. 11990 of 200: M/s Rungta Irrigation Ltd. V/s. The State of Bihar and Ors.

(2.) Apparently a writ petition had been filed seeking a direction that the Respondents pay the admitted dues to the Petitioner. These admitted dues are explained to the Court as subsidy/incentive for supply of sprinkling irrigation system to the agriculturists. The subsidy referred to is amounting to Rs. 83,34,863/-. Payment is sought of this amount with interest from the date of supply till the date of payment.

(3.) The learned Judge declined to grant a relief on the petition A submission on behalf of the Petitioner was also noticed to the effect that "the writ petition is not for enforcement of contractual obligations, but is for due implementation of the policy decision of the Government". Submission apart, the Petitioner is clearly seeking a direction by a mandamus that the State Respondents give the balance amount due to the Petitioner whatever it might be with interest from the date of supply till the date of payment. Clearly, the argument before the learned Judge was in contradiction. The period of transaction appeared to be between 1996-97 and 1997-98.