Advocates:
['Shashi Bhushan Singh', '', 'Usha Kumari', 'KAMESHWAR PD GUPTA GP']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17444 of 2022

======================================================

M/s Parmar Enterprises represented by its partner, Kripa Kant Singh, Age-50

years, Gender- Male, S/o Ramashish Singh, R/o- Ward No. 12, Chilwaniya,

Motihari-845401 at Po- Vil and Post- Balua, P.S. Pahadpur, Dist- East

Champaran- 845422

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Rural Work Department, Bihar,

Bishweshraiya Bhavan, Bailey Road, Patna.

2.

The Engineer-in-Chief, cum Commissioner cum special Secretary Rural

Work Department, Bihar, Bishweshraiya Bhavan, Bailey Road, Patna.

3.

The Chief Engineer-3, R.W.D., Bishweshraiya Bhavan, Bailey Road, Patna.

4.

The Superintendent Engineer, Work Circle, East Champaran.

5.

The Executive Engineer, R.W.D., Work Division- Areraj/ Raxaul.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Shashi Bhushan Singh, Advocate

Mrs. Usha Kumari, Advocate

For the Respondent/s

:

Mr. Kameshwar Pd. Gupta, GP-10

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 24-01-2023

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

“

Patna High Court CWJC No.17444 of 2022 dt.24-01-2023

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”

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, allegedly, petitioner is not being

paid the difference of GST @ 7 % as per SBD Clause 35 of

levy/taxes if levied after receipt of tenders from the bidders and

also from the clauses of contract in section 35 of the standard

bidding document in the various works departments of the

Government of Bihar.

Patna High Court CWJC No.17444 of 2022 dt.24-01-2023

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Petitioner made repeated requests to the authorities

concerned.

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

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 policy, even worse,

Patna High Court CWJC No.17444 of 2022 dt.24-01-20