Ishwar Nath Singh Alias Ishwar Nath Sharma And ORS v. The Bihar State Food And Civil Supplies Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4137 of 2019 ====================================================== 1.

Ishwar Nath Singh alias Ishwar Nath Sharma and Ors son of Late Kapildeo Singh Resident of Village- Khagarpura, P.O.- Beni Bigha, P.S. Rani Talab, Circle- Bikram, District- Patna.

2.

Ram Chandra Singh son of Late Tirpat Narayan Singh Resident of VillageKhagarpura, P.O.- Beni Bigha, P.S. Rani Talab, Circle- Bikram, DistrictPatna. 3.

Rajeshwar Singh son of Late Suba Singh Resident of Village- Khagarpura, P.O.- Beni Bigha, P.S. Rani Talab, Circle- Bikram, District- Patna. 4.

Birendra Singh son of Late Jaidev Singh Resident of Village- Chihuta, P.S. Rani Talab, District- Patna.

5.

Ram Keshwar Sinha son of Late Mohrai Sinha Resident of Village- Panapur, P.S.- Bikram, P.O.- Wazirpur, District- Patna. 6.

Surendra Singh son of Ishwar Dayal Resident of Village- Panapur, P.S.- Bikram, P.O.- Wazirpur, District- Patna.

7.

Kamal Yadav son of Late Rama Sewak Yadav Resident of Village- Panapur, P.S.- Bikram, P.O.- Wazirpur, District- Patna. 8.

Ranjeet Singh son of Late Ram Pravesh Singh Resident of Village- Panapur, P.S.- Bikram, P.O.- Wazirpur, District- Patna. 9.

Binod Kumar Singh son of Ashok Kumar Singh Resident of VillagePanapur, P.S. Bikram, P.O.- Wazirpur, District- Patna. 10.

Raja Babu Singh son of Late Samrath Singh Resident of Village- Panapur, P.S. Bikram, P.O.- Wazirpur, District- Patna. 11.

Yamuna Yadav son of Late Janeshwar Yadav Resident of Village- Panapur, P.S. Bikram, P.O.- Wazirpur, District- Patna. 12.

Manoj Kumar son of Kamaldeo Singh Resident of Village- Panapur, P.S. Bikram, P.O.- Wazirpur, District- Patna.

13.

Nandu Yadav son of Late Bhagwat Yadav Resident of Village- Panapur, P.S. Bikram, P.O.- Wazirpur, District- Patna.

14.

Sheo Prashan Yadav son of Ram Nihora Yadav Resident of Village- Beni Bigha, P.S. Bikram, District- Patna.

15.

Krishna Yadav son of Late Bhuwaneshwar Yadav Resident of Village- Beni Bigha, P.S.- Bikram, District- Patna.

16.

Rambhawan Yadav son of Late Jangali Yadav Resident of Village- Chihuta, P.S. Rani Talab, District- Patna.

17.

Anil Kumar son of Ram Bachan Yadav Resident of Village- Chihuta, P.S. Rani Talab, District, District- Patna.

18.

Krishna Yadav son of Late Ram Kripal Yadav Resident of Village- Chihuta, P.S. Bikram, District- Patna.

19.

Anil Kumar son of Late Mahendra Yadav Resident of Village- Sahjahanpur, P.S.- Bikram, District- Patna.

20.

Mithlesh Yadav son of Ram Ratan Yadav Resident of Village- Sahjahanpur,

2/5 P.S.- Bikram, District- Patna.

... ... Petitioner/s

Versus

1.

The Bihar State Food and Civil Supplies Corporation and Ors through the Managing Director, Sone Bhawan, Patna.

2.

The State of Bihar through the Registrar Co-operative Society, Bihar, Patna. 3.

The District Magistrate Patna.

4.

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

5.

The Circle Officer, Bikram Block, Patna.

6.

The Purchase Officer, BSFC Bikram Block Centre, P.S. Bikram, DistrictPatna. 7.

Sunil Kumar, the Chairman Beni Bigha PACS, P.S. Bikram, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar, Adv.

Mr. Sunil Prasad, Adv.

For the BSFC :

Mr. Shailendra Kr. Singh, Adv.

Mr. Utkarsha Utpal, Adv.

For the Respondent/s :

Mr.Syed Iqbal Ahmad (SC20) Md. Zeeshan Kalim, AC to SC20 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 31-07-2025

1. Heard learned counsel for the petitioners as well as the Learned counsel for the respondents.

2. The petitioners have filed the instant application for the following reliefs:

"(i) To issue rule in the nature of Mandamus, commanding the respondents to make payment of 858.2

3/5 Quintal AAND 98+98=196 BAGS paddy supplied under Crops Procurement Scheme of the State Government for the year 2014-15 through the Chairman, Beni Bigha PACS of Bikram Circle.

(ii) To command the Respondent-Chairman of Beni Bigha PACS to make payment of dues of farmers, immediately after received of payment from the Government, which is pending for payment since last about 3 years.

(iii) To grant any other relief or reliefs to which the petitioners are legally entitled."

3. At the outset, Learned counsel for the parties 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 going into the merits of the case, the petitioners are directed to approach the Respondent No. 4, the

4/5 District Manager, Bihar State Food and Civil Supplies Corporation, Patna for ventilating their 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. 4 shall consider the said representation and pass necessary orders duly taking into consideration the representation along with the supporting documents filed by the petitioners. In case, the Respondent No. 4 is of the view that the orders of this Court passed in LPA No. 881 of 2016 (The Bihar State Food and Civil Supplies Corporation Ltd. & Anr Vs. Nayan Kumar Sinha & Ors & other analogous cases) dated 06.08.2018, wherein a Division Bench of 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 has to be followed to look into the entire controversy and

5/5 submit a report he shall do so. In case, the report of the Committee is in favour of the petitioners, the Respondent No. 4 shall pass necessary orders for payment of the amounts due to the petitioners expeditiously, preferably within a period of three months. Any order passed by the Respondent No. 4 shall be communicated to the parties.

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) AMANDEEP/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 31.07.2025 Transmission Date