Disposed

Abdul Jabbar v. The State Of Bihar and Ors.

Patna HC12 Dec 2013CWJC/5703/2013

Case brief

AI extract

What is this about?

In this writ application, the High Court directed the petitioner to raise the dispute regarding bill admissibility before the Arbitration Tribunal constituted under Bihar Act 21 of 2008, allowing him to submit evidence on verbal orders.

What did the court decide?

The application disposed of; petitioner directed to approach Arbitration Tribunal under Bihar Act 21 of 2008 to raise dispute regarding bill entitlement and validity of supplies.

Abdul Jabbar Vs The State Of Bihar and Ors. — Patna HC (2013) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5703 of 2013

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====================================================== 1. Abdul Jabbar Son Of Late Abdul Gaffar Resident Of House No. 12 Road No. 6 Sector 3 Harun Nagar, P.S. Phulwari Sharif, P.O. Anisabad, Patna .... .... Petitioner/s Versus 1. The State Of Bihar through The Chief Secretary, Govt. Of Bihar, Old Secretariat, Patna 2. The District Magistrate, Nalanda Biharsharif 3. Sub-Divisional Officer, Hilsa, Nalanda 4. Block Development Officer, Karay Parsurai Block cum Assistant Election Officer, Nalanda 5. The Electoral Officer, Bihar, Patna Manglesh Road, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Hriday Prasad, Adv. For the State : Mr. Brajesh Kumar, A.C. to AAG 11 For Respondent No.5 : Mr. J. P. Karn, Sr.Adv Mr. Siddhartha Prasad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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2 12-12-2013 From Annexure-9 it appears that in compliance to the earlier orders of this Court, bills of the petitioner were taken cognizance of and were examined. Respondents, thereafter, have found that the bills were excessive and the supplies made by the petitioner of some articles were not under valid written order of the competent authority. Hence, an amount of Rs.82,000/- only was found admissible to the petitioner, which was adjusted against advance of Rs.2,00,000/- and he was directed to refund Rs.1,18,760/-. Thus, it appears that there is a dispute with regard to the entitlement of the petitioner of his bill amount.

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In the circumstances, petitioner is required to raise

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Patna High Court CWJC No.5703 of 2013 (2) dt.12-12-2013

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the dispute before the Arbitration Tribunal constituted under Bihar Act 21 of 2008 where he can produce evidence also to substantiate that, besides generator and accessories, other supplies were also made by him on the basis of verbal orders of the competent authority. As and when petitioner approaches the Tribunal, the Tribunal shall consider the claim of the petitioner and decide at the earliest. Before the Tribunal, petitioner will be at liberty to file an application for interim orders also.

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With the aforesaid observations and directions, this application is disposed of.

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(Jayanandan Singh, J)

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Pradeep/-

Abdul Jabbar v. The State Of Bihar and Ors.

Case brief

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Abdul Jabbar v. The State Of Bihar and Ors.

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