1. Heard the parties.

2. Pursuant to order issued by the State Government through Superintendent, Mandal Kara, Bettiah, West Champaran, Rajasthan Drugs and Pharmaceuticals Ltd., a Government of India Enterprises agreed to supply certain drugs and medicines in the State through their authorised stockist M/s. Amit Pharmaceuticals, the petitioner. The supplies were made in the year 2001. It is not disputed that the contract was fully complied with. Rajasthan Drugs and Pharmaceuticais Ltd. authorised petitioner to make delivery and receive payment. Supplies having been made bills were submitted in the year 2001 itself. Even though there was absolutely no dispute of any nature in regards the delivery. Payments were not made on the spacious plea of funds not being available. This Court wonders how orders could have been placed without proper budgetary allocation and if the budgetary allocation was there why payments were not made immediately.

3. However, a counter-affidavit has been filed which has been sworn by Jail Superintendent, District Jail, Bettiah whereby the case of the petitioner stands admitted in paragraph 5. It has been stated that the only reason why dues are not be