Patna High Court
Sunita PalriwalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The writ petition is disposed of, with the petitioner granted liberty to file a representation within four weeks and to be heard before any decision is taken.
Summary
The petitioner, Sunita Palriwal, sought payment of amounts deducted from a bill for supplying printers and computer tables under a 2023 tender issued by the Kishanganj District Administration. The respondents, including the State of Bihar and various district officials, explained that deductions were made because the supplied items did not meet the work order specifications, and the remaining amount was paid after statutory tax deductions. The petitioner then applied to withdraw the writ petition and instead approach the authorities through a representation seeking the deducted amounts. The Court granted liberty to file such a representation within four weeks, ordered that the petitioner be heard before any decision, and disposed of the writ petition. No substantive determination on the legality of the deductions was made.
Issues considered
- What relief, if any, is available to the petitioner regarding the deducted amounts under the procurement tender?
- Whether the petitioner may withdraw the writ petition and seek redress through a representation to the authorities.
Subjects
- tender
- procurement
- deduction
- writ petition
- representation
- administrative law
- payment of dues
- disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2917 of 2026
======================================================
Sunita Palriwal, Wife of Deepak Kumar Parliwal, Resident of Mohalla-
Babuaganj, Ward No. 7, P.O. and P.S. - Khagaria, District- Khagaria, PIN-
851204.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secetary, Revenue and Land Reforms
Department, Bihar, Patna -cum Second Appellate Authority.
2. The Divisional Commissioner, Purnea Division-cum-First Appellate
Authority. X
3. The District Magistrate, Kishanganj.
4. The Additional District Magistrate (Revenue), Kishanganj.
5. The Prabhari Padadhikari, Officer in-charge (Revenue), Kishanganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Poddar Suresh Gandhi, Adv.
For the Respondent/s : Mr.Government Pleader (4)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
4 22-04-2026 In the counter affidavit filed by the Respondent Nos.
03 to 05, at para 9 it is specifically stated as under:-
“That it is most humbly and respectfully stated
and submitted that the brief history of this case
is that District Administration, Kishanganj
came Inviting Tender in year out with a Notice
2023 for supply of computers, electronic
gazettes and office items etc. in District
Revenue Section, Kishanganj, in which bid has
been invited and in which petitioner along with
other bidders has submitted their bids. It is
most humbly and respectfully further stated
and submitted that firm of writ petitioner
Patna High Court CWJC No.2917 of 2026(4) dt.22-04-2026
2/3
namely Mittal Agency, Khagaria has been
ordered to supply two multifunctional printers
and two computer tables, which has been
supplied by him and a bill of Rs. 202960/- has
been given by him, but in the inspection of
materials supplied, it has been found that
supplied multifunctional printers and
computer tables are not as per work order,
accordingly a deduction of 20 percent in the
bill of multifunctional printers and deduction
of 15 percent in the bill of computer tables
total amounting Rs.38232/- has been made and
further direction has been issued by
Respondent No-03 to pay remaining amount
Rs. 1,64,728/-after deducting 01 percent
CGST, 01 percent SGST and 02 percent
Income Tax vide letter no 2293, dated
29.07.2025 of Respondent No-03. It is most
humbly and respectfully further stated and
submitted that after deducting 01 percent
CGST i.e. Rs.1647/-, 01 percent SGST i.e.
Rs.1647/- and 02 percent Income Tax i.e.
Rs.3296/-, an amount of Rs. 1,58,138/- has
been paid to writ petitioner, which is as
according to the provisions of rules.
2. Leander counsel appearing on behalf of the
petitioner submits that seeks permission to withdraw the present
writ petition with a leave to approach the authorities by way of
Patna High Court CWJC No.2917 of 2026(4) dt.22-04-2026
3/3
representation seeking payment of the deducted amounts.
3. Having regard to the same, the present writ petition
is disposed of granting liberty to the petitioner to file a suitable
representation ventilating his grievance to the authorities within
a period of 4 weeks from today. On such representation being
given, the authorities shall consider the same strictly in
accordance with law and take necessary decision.
4. It is needless to mention that before taking any
decision the petitioner shall be given an opportunity of hearing.
5. With the above liberty, the present writ petition
stands disposed of.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
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