Sawaran Rice Mill v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6758 of 2017 =========================================================== Sawaran Rice Mill, its registered and working place situated at Village- Ajawan, P.S.- Naubatpur, District- Patna through its Proprietor Prakash Ranjan, Son of Niraj Kumar Sawarn.

.... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Old Secretariat, Patna.

2. Bihar State Food and Civil Supply Corporation through its Managing Director, Sone Bhawan, Beerchand Patel Path, Patna.

3. District Manager, Bihar State Food and Civil Supply Corporation, Patna, District- Patna.

4. District Supply Officer, Bihar State Food and Civil Supply Corporation, Patna, District- Patna.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Niraj Kumar, Advocate. For the Corporation : Mr. Shailendra Kumar Singh Mr. Lalmani Sharma, Advocates For the State : Mr. Upendra Pratap Singh, AC to SC 4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 26-03-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. This matter has been taken up out of turn on the request of learned counsel for the petitioner for payment of its outstanding dues.

3. The present writ petition has been filed for a direction to the respondent authorities to make payment of outstanding dues, amount Rs. 6,47,714.17 along with admissible interest thereon.

Patna High Court CWJC No.6758 of 2017 dt.26-03-2018

4. Learned counsel for the petitioner submits that despite having completed the contract milling work for the year 201314, and raising a bill for the same including milling charges, transportation, loading and unloading charges for a total amount of Rs. 18,39,714/- an amount of only Rs. 11,92,000/- has been paid but the remaining amount of Rs. 6,47,714/- remains outstanding which is also not in dispute in view of the letter dated 15.01.2015 issued by the District Manager, Patna (Annexure-6).

5. Learned counsel for the Corporation appears and has been heard.

6. Having regard to the nature of the grievances of the petitioner, this writ petition is disposed of, granting liberty to the petitioner to approach the Managing Director, Bihar State Food and Civil Supply Corporation, Sone Bhawan, Beerchand Patel Path, Patna (Respondent No. 2) with a fresh representation for redressal of its grievances. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of, ensuring payment to the extent found due to the petitioner, within a period of six weeks from the date of receiving the petitioner's representation. Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioner to receive payment together with simple interest at the rate of 6% per annum on the admitted dues calculated from the date when the

Patna High Court CWJC No.6758 of 2017 dt.26-03-2018 amount became due till the date of its actual payment. In case the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be disposed of by a speaking order in that regard.

7. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) Md. Ibrarul/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 29.03.2018 Transmission Date N.A.