Patna High Court
P.S. Enterprises through its propertier Abhay ShuklaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- A ABHISHEK REDDY
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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