Arun Kumar Jha, J.—The instant petition has been filed by the plaintiffs/petitioners under Article 227 of the Constitution of India against the order dated 16.01.2024 passed by the learned Sub Judge-IV, Patna Sadar in Title Suit No. 5743 of 2014 whereby and whereunder the learned Sub Judge- IV, Patna Sadar rejected the petition filed by the plaintiffs/petitioners under Order XXVII Rule 5B of the Code of Civil Procedure (hereinafter referred to as ‘the Code’).

2. The conspectus of the case as it appears from the record is that the petitioner no.1 is a proprietorship firm and the petitioner no.2 is its proprietor. The petitioners are the plaintiffs in Title Suit no. 5743 of 2014 filed for payment of principal amount of Rs. 13,17,08,762/- with interest @ 18% per annum + 4% per annum interest on delayed payment and thus total interest amount till 16.12.2014 to the tune of Rs.91,45,43,271/-. In this manner money decree of Rs. 1,04,62,52,033.60 /- has been sought by the plaintiffs against the defendants/respondents. The payment was sought for supply of variety of foodgrains and other flood relief materials to the people affected by devastating flood in the area of North Bihar in 2004. It appears that certain irregularities were observed and the Government conducted an inquiry and petitioner no.2 was taken into custody as it was found that during the flood operation in 2004, materials worth Rs. 7,34,17,863.50/- were supplied against an advance of Rs. 17.80 crore. Dispute having been raised, the petitioners approached the High Court by filing CWJC No. 11974 of 2007. Vide order dated 28.07.2008, a learned Single Judge of this Court disposed of CWJC No. 11974 of 2007, directing the Chief Secretary to immediately constitute a team with officials from the concerned departments, including the vigilance department for scrutinizing all papers and come to a concrete finding with regard to the work done and the payment made and or due and also directed that such exercise must be completed within a period of six months from the date of this order. Thereafter, the petitioner filed MJC No. 467 of 2009 for initiation of contempt for violation of the order dated 28.07.2008 passed in CWJC No. 11974 of 2007 and the said MJC was disposed of by a learned Single Judge of this Court giving liberty to the petitioner to challenge the decision of the committee before the appropriate forum or in an appropriate proceeding. Against the order dated 29.07.2009, passed in MJC No. 467 of 2009, the petitioner filed Special Leave to Appeal (Civil) No. 22759 of 2009 before the Hon’ble Supreme Court and the Special Leave to Appeal (Civil) No. 22759 of 2009 was withdrawn vide order dated 30.11.2009. Further, the petitioner has also filed CWJC No. 3332 of 2010 and the same was dismissed, vide order dated 13.03.2012, by this Court. Against the order dated 13.03.2012 passed in CWJC No. 3332 of 2010, the petitioner has filed LPA No. 594 of 2012 and the same was withdrawn vide order dated 24.09.2013. However, the petitioners exercised their option of filing a suit and thus instituted a suit before the learned trial court for enforcement of their claims. The petitioners claimed that they were entitled for a payment of Rs.30,97,08,762/- which was due and payable to them along with interest @ 18% per annum for delayed payment from the date of supply to the date of filing of the present suit. Thus, the amount due and payable was calculated by the petitioners to be Rs.1,04,62,52,033.60/- and the said amount was further claimed with 18% interest till adjudication. The defendants/respondents appeared and filed their written statement disputing the claim of the plaintiffs/petitioners mainly on the ground that the order for supply of relief materials was awarded to Bihar State Small Scale Industries Corporation Ltd., a unit of State Government and the claim of the petitioners was not acceptable and sustainable because there was no contract with the petitioners and the petitioners wer