Disposed

Ms Tirupati Sales through Its Proprietor Namely Sudarshan Kumar Singh v. the State of Jharkhand through Secretary Urban Development and Housing Department

Jharkhand HC17 Feb 2021WPC/3147/2020

Case brief

AI extract

What is this about?

The High Court of Jharkhand held that while the State cannot be directed to release funds for purchases made without tender, the Municipal Corporation, having admitted the supply, must pay the admitted dues from its own resources.

What did the court decide?

Corporation directed to release bill amount from own resources as State respondents cannot be directed to release funds.

Ms Tirupati Sales through Its Proprietor… — Pension and Retirement Benefits | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(C) No. 3147 of 2020

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M/s Tirupati Sales, through its proprietor, Sudarshan Kumar Singh, Patna (Bihar)

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….. Petitioner

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Versus

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The State of Jharkhand, through the Secretary, Urban Development and Housing Department, Government of Jharkhand, Ranchi

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The Joint Secretary, Urban Development & Housing Department, Government of Jharkhand, Ranchi

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The Under Secretary, Urban Development & Housing Department, Government of Jharkhand, Ranchi

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The Deputy Commissioner, Hazaribagh

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The Municipal Commissioner, Hazaribagh Municipal Corporation, Hazaribagh

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The Chief Executive Officer, Hazaribagh Municipal Corporation, Hazaribagh

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….. Respondents

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CORAM HON’BLE MR. JUSTICE RAJESH SHANKAR

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----For the Petitioner: Mr. Binit Chandra For the State: Mr. Mukesh Kumar Sinha, Sr. S.C-I For the Corporation: Mr. Ranjit Kumar -----

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04/17.02.2021 The case is taken up through Video Conferencing.

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The present writ petition has been filed for issuance of direction upon the respondent Nos. 4 to 6 to pay the admitted dues of Rs.23,93,200/- along with interest @ 18% per annum to the petitioner for supply of two six-seater bio-mobile toilets on urgent basis during ‘Ramnavmi’ festival in pursuance of letter No. 1172 dated 28.03.2017 issued by the Executive Officer, Municipal Corporation, Hazaribagh.

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Heard learned counsel for the parties and perused the relevant documents available on record.

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According to the petitioner, it supplied two six-seater bio-mobile toilets on 21.04.2017 in pursuance of letter No. 1172 dated 28.03.2017 issued by the Executive Officer, Municipal Corporation, Hazaribagh on urgent basis during ‘Ramnavmi’ festival organized in the said year. The supply of the said bio-mobile toilets has been admitted by the Municipal Corporation, Hazaribagh. Subsequent to raising of the bill by the petitioner, the same was processed and sent to Hazaribagh treasury for payment of the bill amount of Rs.23,93,200/-. The Treasury Officer, Hazaribagh, however, raised objection and returned the said

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bill. It further appears that several communications were made between the Hazaribagh Municipal Corporation and the Department of Urban Development and Housing, Government of Jharkhand which suggest that the said Department of the Government of Jharkhand refused to grant fund to Hazaribagh Municipal Corporation on the ground that the supply order was issued to the petitioner without inviting any tender and no prior approval was taken from the said department for making payment of the bill raised by the petitioner pursuant to the said supply of bio-mobile toilets.

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A counter affidavit has been filed on behalf of the respondent Nos. 5 & 6 stating inter alia in paragraph 9 that the said respondents have released the amount of Rs.23,93,200/- towards payment for supply of bio-mobile toilets by the petitioner. However, the same has been objected by the Hazaribagh treasury.

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Admittedly, the supply order was issued to the petitioner without inviting any tender. The Department of Urban Development and Housing, Government of Jharkhand has refused to release the fund to Hazaribagh Municipal Corporation, Hazaribagh in this regard on the said ground. Hence, no writ of mandamus can be issued to the State respondents for release of the fund for the purpose of making payment of the bill amount as claimed by the petitioner for supply of bio-mobile toilets to the said Corporation. Since the respondent Nos. 5 & 6 have admitted the supply, they may release the bill amount in favour of the petitioner from the own resources/fund of the Municipal Corporation.

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The present writ petition is accordingly disposed of.

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(RAJESH SHANKAR, J)

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Satish/-

Ms Tirupati Sales through Its Proprietor Namely Sudarshan Kumar Singh v. the State of Jharkhand through Secretary Urban Development and Housing Department

Case brief

What is this about?

What did the court decide?

Ms Tirupati Sales through Its Proprietor Namely Sudarshan Kumar Singh v. the State of Jharkhand through Secretary Urban Development and Housing Department

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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