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Patna High Court

Om Sai ServicesversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Letters Patent Appeal is dismissed; the Division Bench upheld the Single Judge's order and directed the respondents to calculate and pay the amount for one vehicle for the specified periods.

Summary

Om Sai Services, through its proprietor, filed a writ petition seeking a mandamus directing the State of Bihar and the Principal of Rajkiya Medical College, Bettiah to pay Rs.27,56,500 for sanitisation work performed during the COVID‑19 pandemic. The work order issued on 12 May 2020 authorized the petitioner to deploy one vehicle on Mondays and Wednesdays at a rate of Rs.7,450 per day, but the petitioner contended that two vehicles were required and that work continued beyond the lockdown period without a fresh order. The respondents argued that payment was due only for the period and scope specified in the original work order and that the petitioner had not complied with billing formalities. The Single Judge held that the petitioner was entitled to payment for one vehicle for the periods 13 May‑31 Aug 2020 and 1 Mar‑29 Jul 2021 and directed the respondents to calculate and pay the amount within eight weeks. On appeal, the Division Bench affirmed that a Letters Patent Appeal may not disturb factual findings unless perverse or unsupported by evidence, and found no such error, thereby dismissing the appeal and upholding the lower court's direction.

Issues considered

  • Whether the factual findings of the Single Judge regarding the scope of the work order and entitlement to payment are perverse, illegal or unsupported by evidence and thus liable to be disturbed on a Letters Patent Appeal.
  • Whether the petitioner is entitled to payment for work performed beyond the terms of the original work order, including the use of two vehicles and work after the lockdown period.
  • Whether a mandamus can be issued to compel payment in a contractual money claim where factual disputes exist.

Subjects

  • Letters Patent Appeal
  • mandamus
  • government contract
  • COVID-19 sanitisation
  • work order
  • payment of dues
  • jurisdiction of appellate court
  • correction of error

Judgment

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.813 of 2025
                                          In
                    Civil Writ Jurisdiction Case No.17191 of 2023
     ======================================================
     Om Sai Services through its Proprietor namely Shyam Babu Giri, Male, aged
     about 42 years, Son of Om Prakash Giri, Office Address- Sarswati Nagar,
     Barwat Pasrain, Bettiah, West Champaran, Bihar- 845438, Resident at present
     Gahiri Kothi, Ward No.3, Victoria Mission, P.S- Gahiri, Victoria Mission,
     District- West Champaran, Bihar- 845459.

                                                                ... ... Appellant/s
                                       Versus

1.   The State of Bihar through the Principal Secretary, Health Department,
     Govt. of Bihar, Patna.
2.   The Principal Secretary, Health Department, Govt. of Bihar, Patna.
3.   The Principal, Rajkiya Medical College, West Champaran, at Bettiah.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :     Mrs.Muskan Singh, Advocate
     For the Respondent/s   :     Mr. S.D. Yadav, AAG-9
                                  Mr. Anil Kr. Verma, AC to AAG-9
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
     ORAL JUDGMENT
     (Per: HONOURABLE THE CHIEF JUSTICE)

      Date : 20-01-2026

              This Letters Patent Appeal has been filed by the appellant

      Om Sai Services, challenging the judgment dated 26.03.2025,

      passed by the learned Single Judge in CWJC No. 17191 of

      2023.

      2.      The writ petition was filed by the petitioner seeking the

      following reliefs:-

                        “1. i. For issuance of writ in the nature of
                        mandamus directing and commanding upon the
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                             respondent authorities for making payment of
                             Rs. 27,56,500/- for sanitization of medical
                             college campus like Principal Office, Residence,
                             different department and hostels which was done
                             by the petitioner's firm.
                             ii. For issuance of writ in the nature of
                             mandamus directing and commanding upon the
                             respondents to consider the claim and grievance
                             of the petitioner as petitioner has completed all
                             the work of sanitization as directed by the
                             Principal, Medical College, Bettiah at West
                             Champaran vide Memo No.-990 dated
                             12.05.2020.”

         3.       After issuance of notice, counter affidavit has been filed

         by the respondent no. 3, relevant paragraphs whereof are

         reproduced hereinbelow:-

                              “6. That pursuant to aforesaid, a meeting was
                              held, presided by the Principal, Bettiah Medical
                              College on 27.04.2020 in presence of all the
                              Head of Departments and in the said meeting an
                              unanimous decision has been taken for
                              sanitizing office, different ward and hostel of
                              departments, Medical College, Bettiah through
                              1000 liters chemical at the rate of 7450/-on
                              Monday, Wednesday by way of one vehicle and
                              a further decision has been taken that a work
                              order can be issued with regard to aforesaid and
                              the order will be effective only till lock down.
                              7. That pursuant to the aforesaid, vide Memo
                              No. 990 dated 12.05.2020 issued under the
                              signature of Principal, Medical College, Bettiah
                              work order has been issued favour of the
                              petitioner for sanitization of office, different
                              departments, ward and hostel of Medical
                              College, Bettiah through 1000 liters chemical at
                              the rate of 7450/-on Monday, Wednesday by way
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                              of one vehicle.
                              8. That the petitioner submitted the bill charging
                              Rs. 14,900/- per day for sanitization since as per
                              petitioner he performed the sanitization by using
                              two vehicles between 13.05.2020 to 31.08.2020
                              which is against the mandate of the work order.
                              As per work order the sanitization work was to
                              be performed by one vehicle on each Monday
                              and Wednesday till the period of lockdown.
                              9. That after the end of first lockdown in the
                              year 2020 no fresh work order was issued in
                              favour of the petitioner and the petitioner
                              without any formal order by competent authority
                              claimed to have performed the sanitization work
                              by one vehicle between 01.03.2021 to
                              29.07.2021.
                              10. That despite being not paid for sanitization
                              work between the period 13.05.2020 to
                              31.08.2020, the petitioner claimed to have
                              performed the sanitization work by one vehicle
                              between the period 01.03.2021 to 29.07.2021
                              though the special fund amounting to Rs.
                              4,83,20,790/-was available with the Principal,
                              Medical College, Bettiah on 29.03.2021 which
                              has been provided by the Health Department
                              vide Letter No. 172 dated 20.07.2020, Letter No.
                              369 dated 24.12.2020, Letter No. 26 dated
                              23.02.2021 and Letter No. 800 dated 15.03.2021
                              specially to dispense in controlling the COVID-
                              19 pandemic.
                              11. The petitioner never raised a claim before
                              the then Principal, Medical College, Bettiah and
                              the then Principal, Medical College, Bettiah
                              was transferred on 21.09.2021 by the
                              department and as such it is apparent that the
                              petitioner has not raised any voucher during the
                              tenure of the then Principal, Medical College,
                              Bettiah.
                              12. That the Health Department, Govt. of Bihar
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                              vide Letter No. 43 dated 13.01.2022 directed the
                              Principal, Medical College, Bettiah to submit
                              DC Bill and accordingly directed to refund the
                              unused amount of the fund allotted for
                              controlling COVID-19 and the same was
                              refunded through Bank Draft dated 30.08.2023.
                              13. That the petitioner is entitled for payment of
                              only such amount for sanitization of office,
                              different departments, ward and hostel of
                              Medical College, Bettiah for the period of
                              lockdown for one vehicle for each Monday and
                              Wednesday in a week in terms of work order.
                              14. That the respondent will calculate the
                              admitted dues and send a requisition to the
                              department to provide allotment for payment of
                              admitted dues.”

         4.       A rejoinder affidavit has been filed wherein stand has

         been taken, relevant paragraphs whereof are as follows:-

                          “6. That though the statement made in paragraph
                          No. 7 of the Counter Affidavit under reply is matter
                          of record but it is humbly submitted that the work
                          order did not reflect that it has been made effected
                          only till lockdown in the year 2020. It is further
                          submitted that no such condition was laid down in
                          the work order and even the petitioner has not
                          orally / written directed to stop the sanitizing work,
                          hence, in ignorance of the decision of the meeting
                          dated      27.04.2020       which   has   never   been
                          communicated to the petitioner, the petitioner
                          bonafidely continued the work of sanitization.
                          7. That with regard to the statement made in
                          paragraph No. 8 of the Counter Affidavit, it is
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                          humbly submitted that the bills presented by the
                          petitioner was duly signed by the BURSAR of
                          Government Medical College, Bettiah as stipulated
                          in the work order as such the respondent cannot
                          deny the due payment to the petitioner on the
                          ground that the petitioner has processed the
                          sanitization work by two vehicles which is not
                          stipulated in the work order.
                          8. That with regard to the statement made in
                          paragraph No. 9 of the Counter Affidavit, it is
                          humbly submitted that since no period was
                          specified in the work order and the work order was
                          never been cancelled as such the petitioner
                          continued the sanitization work for the period
                          between 01.03.2021 to 29.07.2021.”
                          9. That with regard to the statement made in
                          paragraph no. 10 of the counter affidavit, it is
                          humbly submitted that the petitioner was assured
                          that his payment was in active consideration as
                          such     the     petitioner   continued   to   confirm
                          sanitization work. So far the fund which has been
                          made available by the Health Department to the
                          Medical College, Bettiah, it is humbly submitted
                          that the petitioner has no concern with the
                          aforesaid fund since it is between the department
                          and the authorities of Medical College, Bettiah.
                          10. That with regard to the statement made in
                          paragraph no. 11 of the Counter Affidavit, it is
                          humbly submitted that the petitioner has not raised
                          the bills after much unexplained delay. The bills
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                          submitted by the petitioner were duly authenticated
                          by the BURSAR of Government Medical College,
                          Bettiah which was a condition precedent for
                          making payment as such the respondents cannot be
                          allowed to get advantage of delay of few months in
                          submitting the bills.”
         5.       A supplementary counter affidavit was also filed by the

         respondent no. 3, relevant paragraphs whereof are reproduced

         hereinbelow:-

                           “5. That prior to provide the calculation of due
                           admitted it is humbly submitted that work order
                           contained in Memo No. 990 dated 12.05.2020
                           stipulate that the petitioner has to submit three
                           copies of bill in the office BURSAR accounts
                           section and it has not been stated that the bill
                           only signed by BURSAR will be accepted. The bill
                           submitted by the petitioner didn't contain the
                           signature of Bill Clerk and Accountant as such in
                           absence of their signature the bills which only
                           contains the signature of BURSAR is not
                           acceptable.
                           6. That in the meeting of teacher council dated
                           27.04.2020 a unanimous decision has been taken
                           that the work of sanitization will be effective only
                           till lockdown and surprisingly the petitioner in
                           absence of any fresh work order has performed
                           the work of sanitization for the period 01.03.2021
                           to 29.07.2021.
                           7. That it is also humbly submitted that the
                           petitioner has not raised any bill in the year 2020
                           and 2021 though the allotment was there and
                           surprisingly making payment to his employees.
                           8. That the Principal Government Medical
                           College, Bettiah requested the District Magistrate,
                           West Champaran to provide the actual date of
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                           revocation of lockdown in Bettiah and the
                           response is still waited.
                           9. That the admissible amount to be paid to the
                           petitioner is as follows:
                                   May 2020 = 05 days
                                   June 2020= 09 days
                                   July 2020= 09 days
                                   August 2020=09 days
                                        Total: = 32 days

                  Hence the admitted due amount is 7,450x32 =2,38,400/-.”

         6.       The learned Single Judge vide impugned judgment dated

         26.03.2025 passed in CWJC No. 17191 of 2023 has been

         pleased to hold as follows:-

                          “6. A perusal of the documents filed by both the
                          petitioner as well as the respondents reveal that the
                          petitioner has been entrusted the work of
                          sanitization for the entire office, hostels, corridors,
                          wards of Government Medical Medical College,
                          Bettiah, West Champaran and to this effect an
                          order vide Memo No. 990 dated 12.05.2020 was
                          issued. As per the terms and conditions of the said
                          work order, the petitioner was directed to deploy
                          one vehicle on Monday and one vehicle on
                          Wednesday and he was directed to spray 1000 litres
                          of chemical and medicine and the amount payable
                          to the petitioner was fixed at Rs. 7450/-. There is no
                          denial by the respondents that the petitioner has
                          not done the work nor there is any complaint that
                          the quality of the work done was poor, the only
                          contentious issue between the parties is that the
                          petitioner has deployed two vehicles for the period
                          13.05.2020 to 31.08.2020 and also during the
                          second phase of Covid-19 Pandemic from
                          01.03.2021 to 29.07.2021 without there being any
                          work order issued for the second phase of Covid-19
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                          Pandemic.
                          7. A perusal of the documents reveal that the work
                          order issued in favour of the petitioner was to
                          deploy only one vehicle on Monday and
                          Wednesday, the order is not clear as to whether the
                          same is confined only to the first phase of Covid-19
                          Pandemic or not. There is no denying the fact that
                          the petitioner has deployed two vehicles for the
                          second phase of Covid-19 Pandemic. It is highly
                          unlikely that the entire staff of the GMC, Bettiah,
                          West Champaran right from the ward boy to the
                          concerned superintendent of the hospital have kept
                          quite when the above work of sanitization was
                          being undertaken by the petitioner and there is no
                          whisper or protest by any of the authorities of the
                          GMC, Bettiah, West Champaran when the work
                          was being undertaken by the petitioner herein
                          during the second phase of Covid-19 Pandemic, the
                          authorities having availed the services of the
                          petitioner cannot now deny the payments to the
                          petitioner. Furthermore, it is to be noted that the
                          second phase of Covid-19 Pandemic was more
                          severe than the first phase of Covid-19 Pandemic
                          and therefore, the contention taken by the
                          authorities that they did not issue any work in
                          favour of the petitioner for the second phase of
                          counseling is not correct.
                          8. Having regard to the fact that the work order
                          issued to the petitioner is very clear and the
                          petitioner was asked to deploy only one vehicle on
                          Monday and Wednesday, this Court is of the
                          opinion that the ends of justice would be met if a
                          direction is given to the competent authority to
                          calculate the amount payable for one vehicle for
                          the period 13.05.2020 to 31.08.2020 and also for
                          the period of 01.03.2021 till 29.07.2021 by fixing a
                          time frame. Accordingly, there shall be a direction
                          to the respondent No. 03 to calculate the amount
                          payable to the petitioner for one vehicle for the
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                          period 13.05.2020 to 31.08.2020 and also
                          01.03.2021 to 29.07.2021 and pay the same as
                          expeditiously as possible preferably within a period
                          of eight weeks from the date of receipt of a copy of
                          this order.”

         7.       The main contention raised by the learned counsel for the

         appellant by referring to Annexure-P/1 to this Letters Patent

         Appeal is that the work which was entrusted to the appellant

         could not have been done by utilizing one vehicle and since it

         was during COVID pandemic period, therefore the petitioner

         utilized two vehicles for performing the work, and therefore the

         prayer of the petitioner is genuine and the authorities should not

         have refused the petitioner to make payment for the work of

         sanitization of the medical college campus like Principal Office,

         residence, different departments and hostels etc. which was run

         by the petitioner’s firm.

         8.       The learned counsel appearing for the State, however

         submits that the Government is ready and willing to make

         payment for the work done by the petitioner but there is nothing

         either in the work order or anywhere to show that two vehicles

         have been utilized by the petitioner’s firm to carry out the work

         and moreover, it is basically a money claim and when disputed

         question of facts are involved, the petitioner is not entitled to get

         any relief in this Letters Patent Appeal. There is no dispute that
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                      the Letters Patent Appeal is normally an intra-Court Appeal

                      whereunder the Letters Patent Bench, sitting as a Court of

                      Correction, corrects its own orders in exercise of the same

                      jurisdiction as are vested in the Single Bench. In such appellate

                      jurisdiction, the High Court exercises the power of correction of

                      error and the Division Bench in Letters Patent Appeal should

                      not disturb the finding of fact arrived at by the learned Single

                      Judge unless it is shown to be based on no evidence, perverse,

                      palpably unreasonable or inconsistent with any particular

                      position in law. This scope of interference is within a narrow

                      en-compass and we are of the view, after going through the

                      impugned judgment that the appellant has not made out any case

                      to show that the impugned judgment suffers from any perversity

                      or illegality, and therefore, the same cannot be interfered with in

                      this Letters Patent Appeal.

                      9.       Accordingly, the Letters Patent Appeal stands dismissed.



                                            (Sangam Kumar Sahoo, CJ)


                                                (Mohit Kumar Shah, J)
S.Sb/Ajay-
AFR/NAFR
CAV DATE                N/A
Uploading Date          21.01.2026
Transmission Date       N/A


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