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Mohan Prasad Singh v. the State of Bihar and Ors.

Patna HC4 Jul 2014CWJC/3886/2005

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AI extract

What is this about?

The High Court of Patna directed the release of funds and payment of Rs. 207,500/- plus interest to the petitioner for furniture goods supplied to the Civil Court, acknowledging the admitted debt and paucity of funds as the cause for delay.

What did the court decide?

Direction to release requisitioned fund and pay Rs. 207,500/- plus statutory interest to the petitioner within two months.

Mohan Prasad Singh Vs the State of Bihar and Ors. — Writ and Judicial Review | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.3886 of 2005

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====================================================== Mohan Prasad Singh, s/o shyam Lal Mahto, R/o Mohalla-Gudari Road, P.O. Hajipur, P.S.-Hajipur Town, District-Vaishali. .... .... Petitioner/s Versus 1.The State of Bihar. 2.District and Sessions Judge, Vaishali at Hajipur. 3.Justice-in-charge, Administration, Nazarat, Civil Court, Vaishali at Hajipur. 4.Accountant, Civil Court, Hajipur, Vaishali. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Nand Kumar Singh & Mr. Arvind Kumar, Advocates. For the High Court : Mr. Piyush Lal, Adv For the State : Mr. JC to G.A.-I ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT (Date- 04.07.2014)

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Heard learned counsel for the parties as with regard to the following relief prayed in this writ application:-

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"For issuance of an appropriate writ, order or direction, particularly in the nature of writ of mandamus for direction to the respondents to pay the admitted due amounting to Rs. 207500/- of the petitioner's furniture goods supplied to the civil court under respondents authority in the financial year 2002-2003 with statutory interest ."

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Having regard to the admitted position that the

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Patna High Court CWJC No.3886 of 2005 (7) dt.04-07-2014

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purchase of furnitures made from the petitioner has no dispute either with regard to quality or time of supply and in fact the payment of the bill of the petitioner had been partly made only on account of paucity of fund, this Court would direct the Law Secretary to ensure that the requisite fund as already requisitioned by the District & Sessions Judge, Vaishali at Hajipur in his letters dated 61/2003 dated 24.04.2003 and 313/2014/Prashasan dated 27.06.2014, is released expeditiously preferably within a period of two months from the date of receipt of this order. The District & Sessions Judge, Vaishali at Hajipur on receipt of the amount shall immediately make payment of the same to the petitioner.

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With the aforementioned observation and direction, this application is disposed of.

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(Mihir Kumar Jha, J)

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Ranjan/U

Mohan Prasad Singh v. the State of Bihar and Ors.

Case brief

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Mohan Prasad Singh v. the State of Bihar and Ors.

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