Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder a direction has been sought for upon the respondents to pay the amount in pursuance to the execution of the work by the petitioner in terms of the work order issued by virtue of the notice inviting tender for supply of chemicals.
(2.) The petitioner after execution of the aforesaid work has submitted the bills but the amount has not been paid which constraint the petitioner to approach this Court by filing the instant writ petition.
(3.) Counter affidavit has been filed by the State-respondent and by referring to the stand taken by them at paragraph 7, the said amount has been admitted but reason for non-disbursement has been shown to be non-availability of the fund with the further acceptance that whenever the fund would be available the amount would be released in favour of the petitioner but according to the petitioner, although the said stand has been taken in the counter affidavit filed on 05.03.2019 but till date the amount has not been paid.;