BINOD KUMAR PODDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been preferred for a writ of mandamus commanding the respondents to pay the admitted dues of the petitioner for the work already done/completed as per written and verbal direction of District Information and Public Relation Officer, Khagaria.

(2.) It is the case of the petitioner that he being a Proprietor of M/s Sahles Foundation, office situated at East of Kapasiya, Ward No. 6, P.O. Township, District - Begusarai (Bihar) was issued work order by District Public Relation Officer, Khagaria vide letter no. 73 dtd. 18/2/2011 and vide letter no. 132 dtd. 22/6/2011 for Hording, Flex and Forms etc. for welfare scheme. In paragraph-5 of the writ application, a specific statement has been made to the effect that the respondent no. 4 has issued verbal order on different dates directing the petitioner to supply Hording, Flex and Forms etc. The petitioner claims that he had completed the entire work and submitted his bills for payment. Annexure-2 series are the photocopies of the bills of different dates which have been placed before this court.

(3.) Learned counsel for the petitioner submits that so far as the bills submitted by the petitioner are concerned, those are not in dispute as it will be evident from the statements made in paragraph-4 of the counter affidavit filed on behalf of the respondent no. 3 and 4 that the statements made in paragraph-5 of the writ application have not at all been denied. Not only that, in paragraph-8 of the counter affidavit the answering respondents have admitted the claim of the petitioner of Rs.4,06,824.00. The only ground for withholding the entire payment as disclosed in the counter affidavit is that the petitioner has not submitted the utility certificate and original bills in the office of respondent no. 4.