Patna High Court
Maa Katyayni Enterprises,versusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- A ABHISHEK REDDY
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
2/3
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
Checking your session…