IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17879 of 2022

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Krishna Kumar Singh Son of Sri Nathuni Singh, Resident of Ward No. 15,

Janghaila, Ramapatti, P.O.- Kaithani P.S.- Rajnagar, District- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Urban

Development and Housing, Government of Bihar, Patna.

2.

The District Magistrate, Madhubani.

3.

The ADM, Madhubani.

4.

The Municipal Commissioner, Municipal Corporation, Madhubani.

5.

The Chief Executive Officer, Municipal Corporation, Madhubani.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Rakesh Kumar Sharma, Advocate

For the Respondent/s

:

Mr. Kinkar Kumar, SC 9

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 30-01-2023

Petitioner has prayed for the following reliefs:

“(i). For issuance of writ in the nature of mandamus for

a direction to the respondent authorities to make

payment of Rs. 11,96,215/- which is dues before the

respondent No. 4 for construction of two storied twelve

seat community toilet in Ward No. 29 near Sadar

Hospital in the then Municipal Council, Madhubani

and the work is already completed by the petitioner in

January, 2020 and the dues amount is still pending for

payment from that month.

(ii). For a direction to the respondent authorities to pay

penal interest on the dues amount which is pending

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from month of January, 2020.

(iii). For any other relief/ reliefs if the petitioner found

entitle in the facts and circumstances of the present

case.”

Learned counsel for the petitioner prays that the instant

petition be disposed of exactly in the same terms as contained

in judgment dated 14.09.2022 passed by this Court in Civil

Writ Jurisdiction Case No.13024 of 2022, titled as M/s.

Raghoji House of Distribution Vs. The State of Bihar & Ors.

No objection to such prayer being allowed.

In the instant case, petitioner seeks payment of

Rs.11,96,215/- which is due before the respondent no.4 for

construction done by him.

There is no response to the petitioner’s request.

The dispute still survives and petitioner’s request for

clearance of dues remains pending.

Well, without going into the merits of the issues, on

all counts, the dispute could have been resolved in terms of the

Bihar State Litigation Policy, 2011.

In M/s. Raghoji House of Distribution (Supra), We

had passed the following observations and directions:-

“5. We also notice that even in those cases

where the parties are governed by the Dispute

Resolution Mechanism, provided in terms of the

Patna High Court CWJC No.17879 of 2022 dt.30-01-2023

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agreement(s) or statutes, parties are forced to litigate

endlessly before different legal foras, be it this Court

or the statutory Tribunals.

6. We see no reason as to why the respondent

State does not apply and take recourse to the

mechanism provided under its own policy termed as

the “Bihar State Litigation Policy,2011”. We also see

no reason as to why the respondent State does not

resort to the provisions of Section 89 of the Code of

Civil Procedure, 1908.

7. Unfortunately, parties are made to run from

pillar to post, and as we have noticed, it is only where

the officers of the State are interested, be it for

whatever reason and consideration, that case of few

favoured individuals are settled and issues resolved,

leaving the significant majority to litigate.

8. The instant case, in our considered view, is

the best example where the officers and the officials

of the State are found to have been lacking in

adhering to the litigation p