Ajay Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16108 of 2017 ====================================================== Ajay Mishra son of Sri Uma Kant Mishra resident of village and P.O. Balua Bazar, P.S. - Balua Bazar, District - Supaul. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Food and Civil Supply, Government of Bihar, Patna 2.

The Principal Secretary, Department of Food and Civil Supply Government of Bihar, Patna.

3.

The District Magistrate, Supaul.

4.

The Deputy Collector, Public Grievance Cell, Supaul. 5.

The Circle Officer Supaul.

6.

The District Co-operative Officer, Supaul.

7.

The Block Co-operative Extension Officer, Chatapur Block, Supaul. 8.

The Balua Primary Agriculture Sakh Corporation Ltd PACS, Chatapur Block, Supaul through its Chairm 9.

The Bihar State Food and Civil Supplies Corporation Ltd. Sonbhawan, Patna through Managing Director 10.

The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd. Sonbhawan, Patna.

11.

The District Manager, Bihar State Food and Civil Supplies Corporation, Supaul.

12.

The Bihar State Co-operative Bank Ltd. Ashok Raj Path, Patna through its Managing Director.

13.

The Bihar State Co-operative Bank Ltd. Bihat Branch, Supaul through its Branch Manager.

14.

Mr. Jung Bahadur Yadav, Incharge Paddy Purchase Centre Basanpur, Chatapur Block, Supaul.

15.

Mr. Hari Om Shankar Hari, Executive Assistant, Chatapur Block, Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aaruni Singh, Advocate For the State :

Mr. Arbind Ujjawal - SC 4 For the Cooperative :

Mr. Bindhyachal Rai, Advocate Bank For BSFC :

M/s Shailendra Kumar Singh, Ujtkarsha Utpal, Advocates

2/6 CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 24-06-2025

1. Heard Learned counsel for the parties.

2. The writ petition is filed for the following reliefs:

"(A) For issuance of an appropriate writ order or direction commanding the respondents to make payment of Rs- 1808503.32 alongwith statutory interest which is estimated price of 1037.95 quintal paddy in favour of petitioner, which has been lifted on 31-032015 as per order and direction of competent authorities and same having been demanded through Bill No- 457470 by the Chairman of Balua Primary Agriculture Sakh Corporation Ltd (PACS), Chatapur Block, Supaul and also regarding which several reminders were made but same has not been paid by the District Manager, Bihar State Food and Civil Supplies Corporation, Supaul for the reasons best known to authority concern.

[B] For issuance of an setting aside the enquiry report contained in Memo No-133 dated 30-01-2017 (Annexure-10) whereby pursuant to

3/6 direction of Additional Collector, Public Greivances Cell, Supaul after hearing the parties including petitioner as well as respondent No-14, claim of the petitioner for payment of Rs- 1808503.32 which is estimated price of 1037.95 quintal paddy in favour of petitioner, which has been lifted on 31-03-2015 as per order and direction of competent authorities and same having been demanded through Bill No- 457470 by the Chairman of Balua Primary Agriculture Sakh Corporation Ltd (PACS), Chatapur Block, Supaul has been rejected.

[C] For issuance of an setting aside the order dated 13- 01-2017 (Annexure-8) issued by Public greivances Cell Supaul whereby complaint made by petitioner for payment of Rs- 1808503.32 which is estimated price of 1037.95 quintal paddy in favour of petitioner, which has been lifted on 31-03-2015 as per order and direction of competent authorities and same having been demanded through Bill No- 457470 by the Chairman of Balua Primary Agriculture Sakh Corporation Ltd (PACS), Chatapur Block, Supaul has been rejected.

4/6 [D] For issuance of an directing the respondents to dispose of the representation dated 28-01- 2017 (Annexure-9) of the petitioner within the stipulated period by reasoned and speaking order, which has been made by the petitioner before the District Manager, Bihar State Food and Civil Supplies Corporation, Supaul for payment of payment of Rs- 1808503.32 alongwith interest which is estimated price of 1037.95 quintal paddy.

[E] For any other relief or relief for which petitioner is entitled in the opinion of this Hon'ble High Court."

3. At the outset, Learned counsel for petitioner contended that since this matter is squarely covered under the order dated 01.12.2023 passed in CWJC No. 14138 of 2015 (Amrendra Kumar Vs. The State of Bihar & Ors.), this writ petition may also be disposed of on the same term and conditions.

4. In view of the fact that this matter is squarely covered by the aforesaid order, without

5/6 going into the merits of the case, the petitioner are directed to approach the Respondent No. 11, the District Manager, Bihar State Food and Civil Supplies Corporation, Supaul, for redressal of his grievance along with the supporting documents within a period of four weeks from the date of the receipt of the copy of this order. On such representation being made, the Respondent No. 11 shall consider the said representation and pass necessary orders, preferably within three months from the date of filing of the representation, duly taking into consideration the representation along with the supporting documents filed by the petitioner. In case, the Respondent No. 11 is of the view that the orders of this Court dated 06.08.2018 passed in LPA No. 881 of 2016, wherein this Hon'ble Court has directed the constitution of a Committee consisting of the District Magistrate, the Enforcement Officer of the concerned Block and one Senior Officer of the BSFC to be nominated by the Managing Director of the BSFC has to be followed to look into the entire

6/6 controversy and submit a report, he shall do so. In case, the report of the Committee is in favour of the petitioner, the Respondent No.11 shall pass necessary orders for payment of the amounts due to the petitioner. Any order passed by the Respondent No. 11 shall be communicated to the party.

5. With the above direction, the present Writ Petition stands disposed of to the extent indicated above.

6. Interlocutory Application(s), if any, shall stand disposed of.

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.06.2025 Transmission Date