IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. BAJANTHRI and RAMESH CHAND MALVIYA, JJ.
CWJC No.16633 of 2016
(7.11.2023)
M/s Spicy Beverage Pvt. Ltd. ... Petitioner
vs.
State of Bihar & Ors. ... Respondents
Government Contract – Payment – Sale price of country liquor supplied by petitioner – Concerned respondents have not passed any order either accepting or rejecting petitioner's claim and on the matter for last about seven years – Petitioner hereby directed to file additional representation or application in support of claim including any decision of this Court and produce the same so as to enable concerned authority to decide claim of petitioner read with decision of this Court – Concerned authority hereby directed to take a decision while passing a detailed speaking order and communicate the same. (Paras 2 and 4)
ORDER
In this petition, petitioner has prayed for the following reliefs:—
“I. Directing the respondents i.e. the State Government/ Bihar State Beverage Corporation Limited to make payment of the sale price of country liquor for a quantity of 17484.08 LPL valued at Rs.25,50,490.00, supplied by the petitioner to the Chapra and Motihari Depots of Bihar State Beverage Corporation Limited under a statutory contract executed between the petitioner and the State Government;
II. To hold that the aforesaid inaction of the respondents in making payment of the supply price of country liquor which was supplied by the petitioner on a requisition made by the Bihar State Beverage Corporation Limited and orders of the State Government is illegal, arbitrary and unreasonable;
III. To direct the respondents to pay interest @ 18% on the aforesaid quantity supplied but not paid from March, 2016 till the date of its actual payment;
IV. For issuance of such other writ(s), order(s), direction(s) as your Lordships may deem fit and proper.”
2. In support of the aforementioned reliefs, petitioner has submitted letter dated 29.04.2016 vide Annexure-8. The concerned respondents have not passed any order either accepting or rejecting the petitioner’s claim and on the matter for the last about seven years.
3. Learned counsel submitted that in identical matter, this Court has allowed and certain payments have been made to the concerned parties.
4. Taking note of the these facts and circumstances, the petitioner is hereby directed to file additional representation or application in support of the claim including any decision of this Court and produce the same so as to enable the concerned authority to decide the claim of the petitioner read with the decision of this Court. The concerned authority is hereby directed to take a decision while passing a detailed speaking order and communicate the same. The above exercise shall be completed within a period of eight weeks from the date of the receipt of additional representation/application on behalf of the petitioner.
5. With the above observations, the present writ petition stands disposed of.
The court established that licensed manufacturers must be compensated for all supplied inventory under contractual obligations, regardless of prohibition policies affecting sale.
Entitlement to reimbursement for seized liquor due to its improper detention.
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