High Court Patna High Court - Orders

Adarsha Mahila Vikas Sahyog Sa vs Bihar State Khadi &Amp; Village In on 13 December, 2010

Patna High Court – Orders
Adarsha Mahila Vikas Sahyog Sa vs Bihar State Khadi &Amp; Village In on 13 December, 2010
                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CWJC No.16836 of 2009
      1. ADARSH MAHILA VIKAS SAHYOG SAMITY LTD. THROUGH ITS SECRETARY DINA
      SAH LANE, MUNDICHAK, BHAGALPUR-812001, PRESENTLY OPERATIONAL OFFICE AT
      JAGANNATH SURI LANE, MANDROJA, P.S. KOTWALI, DISTT. BHAGALPUR
      2. SUDHA JHA W/O SRI VIRENDRA KUMAR JHA, THE SECRETARY ADARSH MAHILA
      VIKAS SAHYOG SAMITY LTD., DINA SAH LANE, MUNDICHAK, BHAGALPUR-812001,
      PRESENTLY OPERATIONAL OFFICE AT JAGANNATH SURI LANE, MANDROJA, P.S.
      KOTWALI, DISTT. BHAGALPUR
                                           Versus
      1. BIHAR STATE KHADI AND VILLAGE INDUSTRIES BOARD THROUGH ITS CHIEF
      EXECUTIVE OFFICER MAHESH BHAWAN, GANDHI MAIDAN (EAST), PATNA
      2. CHIEF EXECUTIVE OFFICER BIHAR STATE KHADI AND VILLAGE INDUSTRIES
      BOARD, MAHESH BHAWAN, GANDHI MAIDAN (EAST), PATNA
      3. MANAGER BIHAR STATE KHADI AND VILLAGE INDUSTRIES BOARD, CENTRAL
      STORE, RADIUM ROAD, RANCHI
      4. STATE OF BIHAR
      5. PRINCIPAL SECRETARY GOVT. OF BIHAR, INDUSTRIES DEPTT., NEW
      SECRETARIAT, PATNA
                                        -----------

For the Petitioner: Mr. Satya Prakash Sinha, Advocate
For the State : Mr. Sajal K. Sinha, AC t6o GP 17

——-

2. 13.12.2010 Heard learned Counsel for the petitioner and the learned

Counsel for the State.

The claim of the petitioner, a Society registered under the

Cooperative Societies Act, is for payment of its dues for an

amount of Rs. 1,66,060.11 against the Bihar State Khadi and

Village Industries Board.

Learned Counsel submits that the petitioner has

represented on 5.3.2003 notwithstanding which the payment

was not forth coming. Strong reliance is placed on an order of

this Court in CWJC No. 13972 of 2001 when it is submitted that

similar directions for payment have been issued against the

Board.

In CWJC No. 13972 of 2001, it is apparent from

paragraph 5 that the amount due was admitted and not in

dispute. The defence was of paucity of funds. That has no

application to the facts of the present case.
The representation dated 5.3.2003 makes it apparent

that the petitioner itself claims set off for its liabilities urging

financial inability to meet the same and requesting that the

liabilities be adjusted against the dues of the petitioner. That

becomes a matter of accounting clearly beyond the purview of

the writ court in a contractual claim for payment of an

unspecified money claim.

The petitioner has represented on 5.3.2003. If it was not

being acted upon, a Money Suit Could have been filed within the

period of limitation. Long after the period of limitation has

expired, obviously in an attempt to over come the boundaries of

the Limitation Act, the writ application has been preferred

belatedly more than six years later.

There is no merit in this application. It is accordingly

dismissed.

Snkumar/-                                           (Navin Sinha,J.)