BIHAR OFFICE EQUIPMENTS CO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has filed this writ petition for direction on the respondents not to deviate from the period of contract i.e. the period from 1st February, 1997 to 31st January. 2000.

(2.) IT is stated that the respondents came out with a tender notice from Finance Department published in the newspaper 'Aaj' on 12th January, 1997 (Annexure -1). The petitioner submitted tender on 17th January, 1997, which was re -opened at 3.00 P.M. and his quotation being lowest for supply of material, the respondents directed the petitioner to supply the material. It is stated that the rate was even lowered down by the respondents on negotiation. According to the petitioner, he has supplied certain material since 1st February, 1997 up to August, 1997, for which certain payment have already been released by the respondents, but payment of certain amount for other months have not yet been released. It is further stated though the petitioner IS supplying the material for the present, but they are not releasing the amount in favour of the petitioner against such material supplied by the petitioner.

(3.) IT appears from the pleading made by the parties, that after the lender notice, no separate agreement is reached between the parties and on verbal assurance the petitioner supplied the material. Certain amounts were also released in favour of the petitioner for supply of such material for certain months (up to May, 1997). In the aforesaid circumstances, in absence of any agreement, it is not possible for this Court to decide the question on its own merit.