Heard Mr. Chuba Jamir, learned counsel for the petitioner as well as Mr. EY Renthungo, learned Govt. Advocate. 2. Counter affidavit has been filed on behalf of the respondents. Mr. EY Renthungp, learned Govt. Advocate has drawn my attention to the relevant portion of the Govt. affidavit. 3. The writ petitioner is seeking a direction from this Court t be issued to the respondents to make payment of his bill amounting to Rs.6,33,274 which has been pending with the State Govt. for supply of dietary items to Central Jail, Dimapur for time period from February, 1994 to August, 1995. 4. It is stated small amounts of money were released to the writ petitioner from time to time towards the cost of supplies made by the writ petitioner. The last payment made to the writ petitioner was sometime in December, 1995. Thereafter, no further sum of money has been paid to the petitioner. The balance amount of money payable to the writ petitioner on account of supplies made to Central Jail as stated above is Rs. 6,33,274. 5. As payment was unduly delayed, the writ petitioner addressed a letter to the Additional Director General of Prisons, respondent No. 3 vide letter dated 14.9.98, requesting him to release payment of the pending bill amounting to Rs. 6,33,274. 6. Thereafter, the respondent No. 3 wrote to the Secretary, Home Department, respondent No. 1 on. 16th December' 98. The letter reads : “I am to forward herewith dietary bill amounting to Rs. 6,33,274 (Rs six lakhs thirty three thousand two hundred seventy four) only for purchase of dietary articles for two months of February 1994 to August 1995 on the subject cited above and to request you kindly to accord necessary sanction as special additional fund at an early date. Under Head of Account 2056-Jails001. Direction & Administration “Dietary Charges” during the current financial year 1998-99. This is being done on the pressure of supplier.” 7. The fact that the writ petitioner made necessary supplies during the period from February 1994 to August 1995 is not disputed. In other words, the supply of dietary articles to Central Jail, Dimapur is an admitted fact. The only reason for non payment of the pending bill of the writ petitioner is attributed to the financial constraints faced by the State Govt.
In other words, the supply of dietary articles to Central Jail, Dimapur is an admitted fact. The only reason for non payment of the pending bill of the writ petitioner is attributed to the financial constraints faced by the State Govt. In this regard, para 7 of the counter affidavit may be extracted : “That with regard to 'the averment in para 7 of the petition. It is respectfully submitted that as stated above, the pending bills amounting to Rs. 6,33,274 (Rupees six lakhs thirty three thousand two hundred seventy four) only of the petitioner could not be cleared due to financial constraint faced by the Govt.” 8. Obviously supply was made to Central Jail, Dimapur 4 (four) years ago. The balance amount of Rs. 6,33,274 has been pending for at least 4 years with the State Govt. Once it is admitted that the amount is due to the writ petitioner, there can be no reason whatsoever to delay payment. A supplier of the State Govt is not to bear the brunt of financial constraint faced by the State Govt. The respondents should not be so mean to deal with a citizen who has faithfully carried out its duty with the supply of dietary articles to Central Jail, particularly for feeding the under trial prisoners. 9. In the result, this petition is disposed of as follows : (1) The respondents are directed to release payment of the pending bill of the writ petition/amounting to Rs. 6,33,274 by 16th December, 1999. (2) If entire amount as stated above is released to the petitioner by 16th December, 1999, any interest that might have been accrued to the amount due to the writ petitioner shall stand waived. (3) If the Govt. on any pretext or for any reason is unable to clear the aforesaid amount by 16th December 1999, the writ petitioner shall stand entitled to get interest at the rate of 12% per annum with effect from 1st January, 1996 until the entire amount is paid. No costs.