Sharda Rice Mill v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9828 of 2018 =========================================================== Sharda Rice Mill, Sushil Nagar, Singhauli, Begusarai through its Proprietor Dhiraj Kumar, S/o Sri Sudhir Kumar Singh, Resident of Ratanpur, Ward No.- 21, P.S.- Ratanpur (O.P.), District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Civil Supply Department, Government of Bihar, New Secretariat, Patna.
2. The Principal Secretary, Food and Civil Supply Department, Government of Bihar, New Secretariat, Patna.
3. Bihar State Food & Civil Supply Corporation Ltd., Khaday Bhawan, Daroga Prasad Rai Path, 011, through its Managing Director.
4. The Managing Director, Bihar State Food & Civil Supply Corporation Ltd., Khaday Bhawan, Daroga Prasad Rai Path, Patna- 800 001.
5. Chief of Finance, Bihar State Food & Civil Supply Corporation Ltd., Khaday Bhawan, Daroga Prasad Rai Path, Patna- 800 001.
6. The District Manager, Bihar State Food & Civil Supply Corporation Ltd., Kishanganj.
.... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Sanjeet Kumar, Adv For the Respondent/s : Mr. ARVIND UJJWAL SC4 For the BSFC : Mr. Harish Kumar, Adv =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 28-06-2018 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
Patna High Court CWJC No.9828 of 2018 dt.28-06-2018 direction to the respondent authorities to make payment of outstanding dues, amounting to Rs. 7,44,533/- along with admissible interest thereon.
4. Learned counsel for the petitioner submits that despite having completed the contract milling work for the year 201415 and raising a bill for the same including milling charges, transportation, loading and unloading charges for a total amount of Rs. 8,25,673/-, the admitted amount of Rs. 7,44,553/- remains outstanding which is also not in dispute in view of the letter dated 28.12.2016 issued by the District Manager, BSFC, Kishanganj (Annexure-P/3 series).
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, Khadya Bhawan, Daroga Prasd Rai Path, Patna 800 001 (Respondent No. 4) 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
Patna High Court CWJC No.9828 of 2018 dt.28-06-2018 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 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) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 02.07.2018 Transmission Date NA