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Patna High Court

P.S. Enterprises through its propertier Abhay ShuklaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the respondent must pay the admitted dues to the petitioner within eight weeks of the order.

Summary

P.S. Enterprises supplied various dustbins to the Nagar Panchayat Simrahi under a supply order and the dues for these items were admitted by the respondent. The petitioner filed a writ petition seeking a direction for payment of the admitted dues and for the supply of the items. The respondent’s counter‑affidavit acknowledged approval for payment through a resolution of the Nagar Panchayat board. The High Court, after considering the admissions, directed the Executive Officer of the Nagar Panchayat to pay the dues within eight weeks of receipt of the order. Accordingly, the writ petition was allowed to the extent sought, directing prompt payment of the amounts due.

Issues considered

  • Whether the respondent is liable to pay the admitted dues to the petitioner for the dustbins supplied under the supply order
  • Whether the court can direct a specific time‑frame for the payment of such dues

Subjects

  • civil writ
  • payment of dues
  • supply order
  • municipal authority
  • execution of judgment
  • directions for payment

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.15481 of 2025
                 ======================================================
                 P.S. Enterprises through its propertier Abhay Shukla S/o Late Shiv Kumar
                 Prasad Singh, R/o Village Mitma, Ward no 8, PS Silao, District Nalanda.
                                                                            ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through Principal Secretary, Urban Development and
                  Housing Department, Government of Bihar, Patna.
           2.    The Executive Officer, Nagar Panchayat Simrahi, Supaul.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Nivedita Nirvikar, Senior Advocate with
                                                Mr. Shashank Shekhar, Advocate.
                                                Ms. Riya Raj, Advocate.
                 For the Respondent/s    :      Mr. Standing Counsel (09).
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   05-01-2026                   Heard learned counsel for the parties.

                                 2. The present Writ Petition has been filed for the

                   following reliefs:-

                                              “(A) For giving direction to make payment
                                              of the admitted dues of the petitioner and for
                                              supply of following items in pursuance of
                                              supply order issued by the Respondent No.
                                              2:-
                                                         (i) Pole Mounted Stainless Steel
                                              Dustbin.
                                                         (ii) 660 Ltrs. Dustbin.
                                                         (iii) 140 Ltrs. Dustbin.
                                                         (iv) 240 Ltrs. Dustbin.
                                              (B) For giving direction to take action on
                                              the representation submitted by the
                                              Petitioner for payment of the items supplied
                                              by him.
                                              (C) For payment of the admitted dues of the
                                              petitioner for supply items supplied by him
                                              to the Respondent No. 2 in making
                                              compliance of supply order issued by the
           Patna High Court CWJC No.15481 of 2025(2) dt.05-01-2026
                                                      2/2




                                                 Respondent-Authorities which has duly been
                                                 received by the Respondent No. 2.”

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

                     2, it is stated in Paragraph No. 8 as under:-

                                                              “8. That, it is relevant and
                                                 pertinent to mention herein that the
                                                 Deponent got the approval for payment
                                                 against the work order for the items
                                                 supplied by the petitioner vide Resolution
                                                 No. 10 dated 21.07.2025 of the Board
                                                 meeting of the Nagar Panchayat.”
                                 4. Having regard to the above, the present CWJC is

                     allowed      and     the    Respondent-Executive      Officer,   Nagar

                     Panchayat Simrahi (Supaul) i.e. Respondent No. 2 herein is

                     directed to see that the amounts due to the petitioner are paid as

                     expeditiously as possible preferably within a period of 8 weeks

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

                                 5. With the above directions, the present Writ Petition

                     stands allowed to the extent indicated.



                                                             (A. Abhishek Reddy, J)
shakir/-

U


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