Haripada Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14158 of 2016 ====================================================== Haripada Das S/o Late Sushil Kumar Das, resident of Village- Karandighi, P.S.- Karandighi, District- Dinajpur (West Bengal), Proprietor M/s Aniket Manish Rice Mill at Khikhir Tola, Karandighi, West Bengal. . Petitioner/s

Versus

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

2. The Bihar State Food & Civil Supply Corporation through its Managing Director, Sone Bhawan, Birchand Patel Path, Bihar, Patna.

3. The Deputy Chief (Claim) the Bihar State Food and Civil Supply Corporation, Sone Bhawan, Birchand Patel Path, Patna.

4. The District Magistrate, Araria.

5. The District Manager, Bihar State Food & Civil Supply Corporation, Araria.

6. The Area Manager, Food Corporation of India, District Office, Araria.

7. The Area Manager, Food Corporation of India, District Office, Farbisganj. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha, Adv. For the Respondent/s : Smt. Namrata Mishra, GA-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-04-2017 The limited grievance has been raised by the petitioner that the B.S.F.C. has wrongly claimed to have supplied 77266.48 quintal of paddy to him whereas he has actually received 71084.68 quintal of paddy and the difference in supply of paddy is the root cause of the dispute.

The petitioner is a Miller authorised by the B.S.F.C., used to receive the paddy and supply the proportionate of the C.M.R. The counsel for the petitioner submits that in actuality, he has received 71084.68 quintal of paddy and this fact is supportive from the letter dated 21.08.2015 (Annexure-4) whereas the District Manager, Araria himself has mentioned that 71084.68 quintal of

Patna High Court CWJC No.14158 of 2016 (2) dt.07-04-2017 2/2 paddy has been supplied, on that strength, the petitioner is claiming that the B.S.F.C. has wrongly placed the demand on the wrong impression of supply of 77266.48 quintal of paddy. The petitioner has filed different representations before the District Manger, Araria, which are to be looked into by him. The petitioner submits that on the resolution of the dispute, he is ready to pay the outstanding dues, if any, would come out after reconciliation. He further submits that he has already deposited Rs.2,74,00,000/- (two crore seventy four lacs rupees).

Let the District Manager, Araria look into the matter and hold an enquiry about the quantity on paddy supplied to him and after proper settlement, action will be taken against him. As the representation is pending before the District Manager, Araria, he will dispose of the same within two months from the date of production or receipt of a copy of this order. With the above observation/direction, this petition is disposed of.

(Shivaji Pandey, J) Mahesh/- U