Bhagwat Kumar Priya vs. The State Of Bihar

Facts

The petitioner, Bhagwat Kumar Priya, supplied water buckets, jugs, sanitizers, masks, gloves, and PPE kits to COVID-19 quarantine centers in Nasriganj Block between May 6, 2020, and May 25, 2020, at the request of the Block Development Officer and local administration. While payment for some items was made, the amount for 3635 water buckets and jugs remained unpaid despite repeated requests and submission of bills with GST details. The Block Development Officer acknowledged the supply and requested action for payment from the Sub-Divisional Officer, but no payment was forthcoming. The petitioner sought a court direction for payment of the admitted dues. The respondents, including the State of Bihar through the District Magistrate, Rohtas, filed counter affidavits stating that the claim could not be processed earlier due to the need for verification of records from the COVID-19 period, as officers had been transferred. They indicated that a three-member inquiry team was constituted, and upon verification, payment would be processed upon receipt of allotment.

Held

The Court held that the respondents do not dispute the petitioner's claim in principle. The claim had been verified by a three-member inquiry team, and the District Magistrate had directed the Sub-Divisional Officer to process the payment after verifying the work order, bills, receipt of materials, and stock register. The Sub-Divisional Officer had requested allotment, and the District Magistrate had sought it from the Department of Disaster Management. The Court found that the respondents' stand substantially acknowledged the petitioner's claim, with payment pending primarily due to a lack of allotment and completion of prescribed formalities. Therefore, without entering into disputed questions, the Court directed the respondent authorities to take necessary steps for the release of the admitted dues payable to the petitioner within three months from the date of receipt of the order. The respondents were to ensure that the admitted amount, as borne out from their records and subject to verification, is paid within the stipulated period. The writ petition was allowed.

Key Issues

1. Whether the petitioner is entitled to a direction for payment of the admitted dues for the supply of water buckets and jugs made during the COVID-19 pandemic, as per Section 235 of the Constitution of India (implied by the nature of the writ petition seeking enforcement of admitted dues). Petitioner's arguments: The supplies were made at the specific request of the local administration during an emergency, duly received by the respondents. The respondents have not disputed the supply or provided a valid reason for withholding payment. Therefore, the petitioner is entitled to a direction for payment of the outstanding amount. Respondents' arguments: The petitioner's claim could not be processed earlier due to the need for verification of records from the COVID-19 period, as the officers involved had been transferred. An inquiry team was constituted, and payment would be processed upon receipt of allotment and completion of verification. They submitted that no cause of action survives as the process for payment is underway.