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Patna High Court

Maa Katyayni Enterprises,versusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court allowed the writ, directing the election authorities to release the pending payment to the contractor within a stipulated period.

Summary

Maa Katyayni Enterprises, a contractor, filed a writ petition seeking a mandamus directing the State of Bihar and election officials to release Rs 1,19,19,329 owed for setting up tents during the 2020 Bihar Legislative Assembly elections, along with statutory interest. The respondents contended that the required funds had not yet been allotted by the Department of Election, but assured payment once received. The High Court examined whether the delay justified denial of payment and whether the authorities were bound to discharge the contractual liability. Finding no legal justification for withholding the dues, the Court directed the Chief Electoral Officer to ensure the requisitioned funds be made available within six weeks and the District Election Officer to pay the petitioner immediately. Consequently, the writ petition was allowed in part, ordering payment of the outstanding amount with interest.

Issues considered

  • What is the appropriate remedy for a contractor whose payment for election‑related work has been delayed by government authorities?
  • Can a writ of mandamus be issued to compel the State and election officials to release funds and pay the contractor?
  • Whether the respondents' claim of pending fund allotment justifies refusal to pay the contractor.

Subjects

  • mandamus
  • payment of dues
  • government contracts
  • election expenses
  • public procurement
  • statutory interest
  • writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.14883 of 2025
                 ======================================================
                 Maa Katyayni Enterprises, Koat Bazar, Sitamarhi through its proprietor
                 Siddharth Kumar Shyam, aged about 40 years, Gender- Male, Son of Chandra
                 Shekhar Prasad, Resident of Ward No. 1, Naya Tola, Riga Road, Chakmahila,
                 P.S. and District Sitamarhi.

                                                                               ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Chief Electoral Officer, Bihar Election Commission, Patna.
           3.    The District Election Officer-cum-District Magistrate, Sitamarhi.
           4.    The Deputy Election Officer, Sitamarhi.
           5.    The Treasury Officer-cum-District Finance Officer, Sitamarhi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Subodh Kumar, Adv.
                 For the Respondent/s   :        Mr. Government Pleader17
                 For the ECI            :        Mr. Siddhartha Prasad, Adv.
                 For the State          :        Mr. Sanjay Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   13-01-2026                   Heard the learned counsel for the parties.

                                 2. This writ petition has been filed for the following

                   relief(s):-

                                                       “i) For issuance of appropriate writ
                                            in the nature of mandamus commanding and
                                            directing the Respondent authorities to release
                                            the due payment of the petitioner to the tune of
                                            Rs. 1,19,19,329/- for successfully completing the
                                            work in relation to the order as contained in
                                            Memo No. 1380 dated 13.10.2020 for the work
                                            of set up tent during the Bihar Legislative
                                            Assembly election, 2020.
                                                       (ii) For further direction to the
Patna High Court CWJC No.14883 of 2025(2) dt.13-01-2026
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                                  Respondent authorities to make payment of dues
                                  amount along with statutory interest till
                                  realization of the dues amount.
                                              (iii) For further direction to the
                                  Respondent authorities to dispose of the
                                  representation of the petitioner by reasoned and
                                  speaking order within time framed.”



                      3. In the counter affidavit filed by the Respondent No.

          3 at para 12, 13, 14:-

                                              “12. That under Unit 13-01 (Office
                                  expenditure) of Bill Code-06-2015-00-106-0005
                                  Rs. 40,84,407/-.
                                              13. That with reference to Letter No.
                                  608 dated 20.02.2023 of the Joint Secretary-
                                  cum-Joint Chief Election Officer, Bihar, Patna,
                                  the facts and circumstances has been submitted
                                  by the District Election Officer-cum-District
                                  Magistrate,      Sitamarhi   vide       Letter   No.
                                  148/Election dated 06.03.2023 but the allotment
                                  of the amount mentioned above sought for, has
                                  not been received from the Department of
                                  Election Bihar, Patna till the date.
                                              14. That it is assured that the rest of
                                  the amount assessed and found admissible to be
                                  paid to the contractors concerned including the
                                  petitioner, will be paid at the earliest after
                                  receipt of the allotment sought for.”



                      4. Having regard to the same, the present writ petition
             Patna High Court CWJC No.14883 of 2025(2) dt.13-01-2026
                                                        3/3




                       is allowed. The Respondent No. 2 is hereby directed to see that

                       the necessary funds requisitioned by the Respondent No. 3 are

                       made available at the earliest preferably within a period of six

                       weeks from the date of receipt of the copy of this order. On

                       receipt of the same, the Respondent No. 3 is directed to pay the

                       petitioner forthwith.

                                   5. With the above directions, the present writ petition

                       stands allowed to the extent indicated.



                                              (A. Abhishek Reddy , J)
Gauravkr/-

U


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