Facts
The petitioner, a contractor, was engaged to print and supply ration cards and checklists pursuant to a work order dated 2 March 2015.
Source reference: p.1–2The petitioner claimed that it subsequently supplied additional ration cards and checklists pursuant to further directions, including Memo No. 1184/Aa dated 3 October 2018, and that an amount of ₹16,00,872 remained unpaid.
Source reference: p.1–2After submitting accumulated bills on 15 March 2021 pursuant to the respondents’ direction, the petitioner issued a legal notice and approached the High Court seeking payment of the claimed amount with 18% interest.
Source reference: p.2–3The respondents disputed the claim, contending that several bills—particularly those concerning work allegedly performed in 2018—were unsupported by corresponding work orders, that the bills were unnumbered and exaggerated, and that the exact quantity of work authorised was not established.
Source reference: p.3–5A fact-finding committee was constituted, which submitted its report on 1 November 2023.
Source reference: p.4During the proceedings, the petitioner submitted that some payment had been received but that further genuine dues and interest remained outstanding.
Source reference: p.5Issues
Whether the petitioner was entitled to a writ directing the respondents to immediately pay the claimed amount of ₹16,00,872 with 18% interest for the alleged supply of ration cards and checklists.
Source reference: p.1–2Whether, in view of the disputed quantities, unsupported bills, and absence of corresponding work orders, the respondents should instead be directed to verify the petitioner’s documents and pay only the admitted and genuine dues.
Source reference: p.3–6Law Applied
The Court applied the general public-law principle that a writ of mandamus for payment arising from a government contract may be issued where the liability is admitted or sufficiently established, but disputed contractual claims requiring factual determination should first be verified by the competent authority.
Source reference: no citationThe Court further proceeded on the principle that a government contractor is entitled to consideration and payment of genuine and admitted dues in accordance with the applicable rules, subject to production and verification of relevant supporting documents.
Source reference: no citationReasoning
The Court found that the respondents were willing to process and pay the petitioner’s genuine dues, but that the record contained disputes regarding the number of ration cards allegedly printed, the quantities of checklists supplied, and the existence of corresponding work orders.
Source reference: p.3–5The respondents’ counter-affidavit also raised concerns regarding exaggerated and unnumbered bills and referred to the fact-finding committee’s report.
Source reference: p.3–5Because these factual disputes prevented the Court from determining the precise amount payable in writ jurisdiction, the Court declined to adjudicate the merits or direct payment of the entire claimed sum.
Source reference: p.6Instead, it adopted a verification-based remedy requiring the petitioner to furnish all relevant documents, including the work orders under which the work was executed.
Source reference: p.6Holding
The Court did not grant the petitioner’s claim for immediate payment of ₹16,00,872 with 18% interest.
It directed the petitioner to submit, within one month of receiving the order, a detailed representation along with all relevant and genuine documents, including the applicable work orders.
Source reference: p.6The respondents were directed to verify the bills and pay any admitted dues found payable within two months of the representation being filed.
Source reference: p.6The writ petition was accordingly disposed of, along with any pending interlocutory application.
Source reference: p.6Original Court PDF
M/S Anishi EnterprisesvsThe State of Bihar
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