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1997 Supreme(Pat) 413

AFTAB ALAM
Pyrites Phosphates And Chemicals Limited – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. An extraordinary feature of litigations in this State is the filing of writ petitions, under Article 226 of the Constitution, seeking direction to the State Government, and its agenc- ies, to make payment of "admitted dues". What usually happens is that a contractor or a supplier having completed the work or having made the supplies in terms of a Government contract has to wait indefinitely, sometimes for years, for payment for the work done or against the supplies made. The Government department with which the contract was made does not deny the contract nor the contractors/suppliers claim that the work was duly performed and/or the supplies were duly made in terms of the contract. Yet, the payment in terms of the contract remains withheld for many years. The usual plea in such cases is paucity of funds. Such a situation, as can be easily imagined, lands to same further undesirable consequences and in some cases allegations are made that the department/authorities were clearing bills and making payments only for extraneous considerations.

2. In a number of cases it is also seen that though a cheque for payment against the contractors bill was issued by the concerned Gov










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