This court dismissed a writ petition seeking payment of transportation dues under an agreement dated 2008-09. Citing a delay of 11 years and absence of acknowledgment of dues by the respondents, the court held the common law remedy was barred by limitation, thus refusing to exercise discretionary power under Article 226.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2248 of 2019
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Bijay Kumar Sharma son of Late Ramji Lal Sharma, Resident of Mohalla - Hariganj (Patel Chowk), P.O. and P.S. Katihar, Distt. Katihar
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Md. Waliur Rahman, Advocate Mr.Pawan Kumar Singh, Advocate For the BSFC : Mr. Shailendra Kr. Singh, Advocate For the Respondent/s : Mr. Anwar Karim, A.C. to S.C.4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
direction to the respondent authorities to make payment of a sum of Rs. 12,18,192.08 which the petitioner claims to be an admitted payment under an agreement dated 19.10.2018 for transportation of food-grains in the year 2008-09 along with the penal as well as statutory bank interest.
Learned counsel for the petitioner submits that petitioner was pursuing his request for payment with the
Patna High Court CWJC No.2248 of 2019(2) dt.24-04-2019 2/3
authorities concerned during all these years. It is submitted recently in the year 2017 the security money of the petitioner has been refunded. Learned counsel submits that this court should issue a direction to the respondent authorities to pay the pending bills of the petitioner.
On the other hand, learned counsel for the Bihar State Food and Civil Supplies Corporation Limited submits that this writ application is fit to be dismissed on the ground of delay and laches alone. It is submitted that the petitioner has filed this writ application for a pure and simple money claim. It is submitted that the alleged transportation work is said to have taken place during the period 2008-09 i.e. about 11 years ago. Nothing is there on the record to show that at any point of time the respondents have acknowledged the alleged dues of the petitioner, therefore, in absence of there being any acknowledgment on the part of the respondent authorities, even if there was any claim of the petitioner, the remedy for realization of the money claim has become barred by limitation. It is further submitted that the remedy under Article 226 of the Constitution of India cannot be allowed to be invoked by the petitioner whose common law remedy for realization of money has already become barred by limitation.
Patna High Court CWJC No.2248 of 2019(2) dt.24-04-2019 3/3
Considering the facts and circumstances of the case, this court finds force in the submission of learned counsel for the respondents. On record, there is no material to show that at any point of time the alleged dues of the petitioner was admitted by the respondents. The agreement under which the claim has been raised by the petitioner is of the year 2008-09. This writ application has been filed for a pure and simple money claim after about 11 years when the common law remedy has already become barred by limitation.
In such circumstances, this court is not willing to exercise it’s discretionary power under Article 226 of the Constitution of India to entertain the writ application. It is dismissed, accordingly.
(Rajeev Ranjan Prasad, J)
Rajeev/-
U
2 issues framed by the court
Whether the court should exercise its discretionary power under Article 226 of the Constitution to entertain a money claim barred by limitation.
Whether the admission of dues by the respondents is necessary to bypass the limitation period for a common law remedy.
Bijay Kumar Sharma
The State of Bihar through District Magistrate, Katihar
The Bihar State Food and Civil Supplies Corporation Ltd.
Rajeev Ranjan Prasad
As recorded by the court registry
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