Indradeo Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14050 of 2016 ====================================================== Indradeo Rai, Son of Late Ram Lakhan Rai, resident of Village- Damu, P.S.- Basopatti, A/P PACS Chairman of Damu Panchayat Block Basopatti, DistrictMadhubani. ... ... Petitioner/s

Versus

1.

The State Of Bihar through its Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Agriculture Department, Govt. of Bihar, Patna. 3.

The Principal Secretary, Food and Consumer Department, Govt. of Bihar, Patna.

4.

The Registrar, Co-operative Society, Bihar, Patna. 5.

The District Manager, Bihar State Food and Civil Supply Corporation Limited, Madhubani.

6.

The District Co-operative Officer, Madhubani. 7.

The District Chairman, Co-operative Bank, Madhubani. 8.

The Sub-Divisional Officer, Madhubani.

9.

The Deputy Collector of Land Reform, Sadar Madhubani. 10.

The Circle Inspector Basopatti, Madhubani.

11.

The Executive Assistant State Food Corporation Basopatti, Madhubani. 12.

The District Magistrate, Madhubani.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav, Adv.

For BSFC : Mr. Shailendra Kumar Singh, Adv. For Respondent No.7 : Mr.Purshottam Jha, Adv. For the Respondent no.1to 4:

Mr.Jainendra Kr. Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-04-2019 As prayed, let the District Magistrate, Madhubani be added as party respondent no.12 in course of the day. This writ application has been filed for a direction to the respondent authorities to pay the cost of the paddy of the farmers who have sold their paddy before the Purchase Centre. Learned counsel for the petitioner submits that the

Patna High Court CWJC No.14050 of 2016(2) dt.22-04-2019 2/3 petitioner is the Chairman of PACS namely, Damu Panchayat, Block-Basopatti, District-Madhubani. In the year 2014-15, it is stated that the petitioner had stored the purchased paddy in the Block before the then In-Charge of the Purchase Centre and had obtained receipt thereon. The respondent authorities have not paid the cost of the paddy till date.

It is further submitted that on the complaint of the petitioner and other Chairman of PACS, the District Magistrate had lodged an F.I.R. bearing Basopatti P.S. Case No.44 of 2016 dated 10.03.2016 against the In-Charge of the Purchase Centre namely, Mr. Bablu Kumar Ram.

Mr. Shailendra Kumar Singh, learned counsel representing the Bihar State Food and Civil Supplies Corporation submits that in the nature of the complaint and the grievance of the petitioner, it would be just and proper to direct the District Magistrate, Madhubani (Respondent No.12) to look into the grievance of the petitioner, consider the same with all relevant materials and after conducting a complete scrutiny of the records and on being satisfied pass an appropriate order in accordance with the scheme.

Learned counsel for the respondent No.7 is also present.

Patna High Court CWJC No.14050 of 2016(2) dt.22-04-2019 3/3 In the given facts and circumstance of the case, learned counsel for the petitioner submits that petitioner may be granted liberty to file a representation with all relevant materials before the District Magistrate, Madhubani within a period of 30 days from today. Liberty is granted. In case such a representation along with all materials are submitted before the District Magistrate, Madhubani within a period of 30 days from today, the same will be examined and scrutinised by the District Magistrate keeping in mind all relevant aspects and provisions of the scheme and thereupon the District Magistrate shall take an appropriate decision in accordance with law. Such a decision be taken within a period of 90 days from the date of receipt of the representation.

In case any amount is found payable to the petitioner after scrutnising of the records, it goes without saying that the District Magistrate shall take appropriate steps for payment of the admitted amount within a reasonable time. The application stands disposed of, accordingly. (Rajeev Ranjan Prasad, J) R.R.Ojha/- U