Facts
The petitioner supplied water buckets, jugs, sanitizers, masks, gloves and PPE kits to COVID-19 quarantine centres under Nasriganj Block between 6 May 2020 and 25 May 2020, at the request of the Block Development Officer and local administration.
Source reference: p.2, paras. 2–3The supplies were received and entered in the official records, and payment for certain items was subsequently made; however, the claimed amount relating to 3,635 water buckets and jugs remained unpaid.
Source reference: p.2, paras. 2–3After repeated requests and submission of bills containing GST details, the petitioner made a representation dated 7 March 2021.
Source reference: p.2, para. 3The Block Development Officer, by letter dated 3 April 2021, confirmed the supply and requested necessary action for payment.
Source reference: p.2, para. 3During the writ proceedings, the respondents stated that the claim required verification because the relevant COVID-19-period officers had been transferred.
Source reference: p.3, paras. 5–7A three-member enquiry team was thereafter constituted, and the District Magistrate directed processing of payment after verification of the work order, bills, receipt of materials and stock register.
Source reference: p.3, paras. 5–7; p.4, para. 9The Sub-Divisional Officer sought allotment for payment, and the District Magistrate requested the Department of Disaster Management to provide the necessary allotment.
Source reference: p.5, para. 9Issues
Whether the petitioner was entitled to a direction for consideration and release of the unpaid amount claimed for supplies made to COVID-19 quarantine centres, where the respondents substantially acknowledged the claim but stated that verification and allotment were pending.
Source reference: p.5, paras. 9–10Whether the respondents could be directed to pay the admitted dues within a specified period, subject to verification in accordance with law.
Source reference: p.6, para. 10Law Applied
The Court applied the principle that a writ court may issue an appropriate direction to public authorities for consideration and release of admitted or substantially acknowledged government dues, particularly where the underlying supply is reflected in official records and the authorities have not disputed the claim in principle.
Source reference: p.5, paras. 9–10At the same time, payment may remain subject to verification of the work order, bills, receipt of materials, stock register and other prescribed formalities, and the Court will avoid adjudicating disputed questions in writ jurisdiction.
Source reference: p.5, paras. 9–10No specific statutory provision or judicial precedent was cited in the judgment.
Source reference: no citationReasoning
The respondents did not dispute that the petitioner had supplied materials for the quarantine centres or that his claim had been taken up for official verification.
Source reference: p.5, para. 9The three-member enquiry, the District Magistrate’s direction to process the payment, the request for allotment by the Sub-Divisional Officer, and the District Magistrate’s requisition to the Disaster Management Department demonstrated that the claim was substantially acknowledged and remained pending principally because of allotment and completion of verification formalities.
Source reference: p.5, para. 9Accordingly, the Court considered it appropriate to issue a limited administrative direction rather than determine any disputed entitlement or exact amount.
Source reference: p.6, para. 10The direction was therefore made subject to verification and confirmation of the amount borne out by the official records.
Source reference: p.6, para. 10Holding
The writ petition was allowed.
The respondent authorities were directed to take necessary steps to release the admitted dues payable to the petitioner within three months from the date of receipt or production of a copy of the order.
Source reference: p.6, paras. 10–11The amount payable was expressly made subject to verification in accordance with law and the respondents’ records, including the relevant work order, bills, receipt of materials and stock register.
Source reference: p.6, paras. 10–11Any interlocutory application was also disposed of.
Source reference: p.6, para. 12Original Court PDF
Bhagwat Kumar PriyavsThe State of Bihar
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
