IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8782 of 2018

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M/s Barnwal Vastralay, Lakshmi Market, Thana Road, P.O.+P.S.+District-

Gopalganj through its’ Proprietor Jyoti Prakash Barnwal, S/o-Ganesh Prasad,

C/o-Barnwal Vastralay, P.S. District-Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Finance,

Govt. of Bihar, Patna

2.

The Director, Department of Welfare, Govt. of Bihar, Patna.

3.

The District Magistrate, Gopalganj.

4.

The District Welfare Officer, Gopalganj.

5.

The District Development Commissioner, Gopalganj.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Sanjay Kumar Pandey, Advocate

Mr. Ashutosh Tripathy, Advocate

Mr. Vishwajeet Kumar Mishra, Advocate

For the Respondent/s

:

Mrs. Anuradha Singh, SC-21

Ms. Bandana Singh, Advocate

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 23-01-2023

Heard learned counsel for the parties.

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

“1. That this application is being filed for issuance

of an appropriate writ / order / direction upon the

Respondents to accept 2940 sets of cloths for the

school uniforms as supplied by the petitioners and

received by the Nazir of Collectorate of Gopalganj

on 01.06.2007 and payment of Rs. 455994/- which

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is the entire dues of the petitioner upon the

Respondent Authorities.

1/A That the petitioner further prays for issuance of

an appropriate writ / order / direction appointing an

arbitrator to adjudicate the present matter as per the

provisions of law.

1/B That the petitioner further prays for issuance of

any other appropriate writ / order / direction to

which he is found entitled to.”

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 dues for the supply of cloths for the school uniforms.

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

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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 litig