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2007 Supreme(Pat) 418
PATNA HIGH COURT
Mridula Mishra, J.
Om Shanti Swaroop
Versus
State Of Bihar
Criminal Writ Jurisdiction Case No. 5401 of 2004 ;
Decided On : FEBRUARY 23, 2007
Headnote:
Payment Dispute - Installation of Bio-Gas Plants - The court directed the respondent to make payment of admitted dues to the petitioner for the installation of Bio-Gas Plants and awarded interest at the current bank rate due to the long pending payment.
Fact of the Case:
The petitioner filed an application for direction to make payment for the installation of 226 Bio-Gas Plants, which was approved by the State Government and fund allotted, but payment was not made since 1999.
Finding of the Court:
The court directed the respondent to make payment of admitted dues to the petitioner and awarded interest at the current bank rate due to the long pending payment. The petitioner was given six weeks to receive the payment, failing which he could file for revival of the writ application.
Issues: Dispute over payment for installation work of Bio-Gas Plants
Ratio Decidendi: The court found that the petitioner was entitled to the payment for the installation work as it was approved by the State Government and funds were allotted, and directed the respondent to make the payment with interest due to the long pending payment.
Final Decision: The respondent was directed to make payment of admitted dues to the petitioner for the installation work of Bio-Gas Plants and interest at the current bank rate. The petitioner was given six weeks to receive the payment, failing which he could file for revival of the writ application.
1. Heard counsel for the petitioner and the counsel appearing for Bihar Rajya Khadi Gramodyog Board as well as the counsel for the State.
2. Petitioner has filed this application for direction to the respondents to make payment of admitted amount of Rs. 1,36,790/- with interest for the work done by him for installation of 226 Bio-Gas Plants under KVIC of Rural Energy Programme in Patna and Vaishali district. Petitioner is proprietor of Ram Engineering Works Fatuha, Patna. So far the installation of Bio-Gas-Plant is concerned, it has not been disputed by the respondent-Bihar Rajya Khadi Board. The amount which is payable to the petitioner is also admitted, even then no payment is being made since 1999 to the petitioner. Annexure-1 has been annexed with the writ application in order to show that the payment for installation work was approved by the State Government and fund for the same has also been allotted.
3. Counsel appearing for respondent Bihar Rajya Khadi Board says that because of financial crunch payment could not be made.
4. Accordingly respondent no. 2 is directed to make payment of admitted dues to the petitioner amounting to Rs. 1,36,790/-. Petitioner is also entitled for interest as the payment has been kept pending for such a long time. The interest amount should be paid at the current Bank rate. All the payments must be made to the petitioner by handing over the demand draft within six weeks from the date of presentation/communication of this order. In case the petitioner is not paid this amount within the stipulated period, he can file an affidavit for revival of this writ application.
