Lezuar Primary Agriculture Co-Operative Credit Society v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2970 of 2022 ====================================================== Lezuar Primary Agriculture Co-operative Credit Society through its Chairman Madhu Singh, aged about 48 years (Female), W/o Late Kameshwar Singh, R/o Lejuar, P.S. Daudpur, District- Saran.
... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Food and Civil Supply Department, Govt. of Bihar at Patna.
2.
The Managing Director, the Bihar State Food and Civil Supply Corporation Ltd., Bihar at Patna.
3.
The Registrar, Co-operative Department, Patna. 4.
The District Magistrate, Saran.
5.
The District Manager, Bihar State Food and Civil Supply Corporation Ltd., Saran.
6.
Additional District Magistrate, Saran.
7.
District Supply Officer, Saran.
8.
The District Co-operative Officer, Saran.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Kant Kumar, Advocate For the Respondent/s :
Mr. Arvind Ujjwal (SC4) Mr. Shailendra Kumar Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 13-05-2022 This writ application has been filed through one Madhu Singh claiming to be the Chairman of Lezuar Primary Agriculture Co-operative Credit Society (PACS) seeking a direction to the respondents to make payment against supply of Custom Milled Rice (CMR) to the tune of 365.61 quintal
Patna High Court CWJC No.2970 of 2022(3) dt.13-05-2022 2/3 equivalent to Rs. 15,53,223/-, to the godown of Bihar State Food & Civil Supplies Corporation Limited (BSFC), Saran. A letter dated 06.09.2018 issued by the District Magistrate, Saran addressed to the Managing Director SFC is being relied on in support of the claim. The petitioner is also relying on a report signed by the Assistant Manager-cum-Godown In-charge of SFC, Saran in support of supply of CMR to the BSFC godown. It is evident from the pleadings in the writ petition that according to the petitioner, supplies were made in the financial year 2017-18. This writ petition has been filed in February, 2022. There is no explanation for delay in approaching this Court seeking the relief as noted above.
The first representation said to have been made by the petitioner before the District Manager, BSFC, Saran is dated 25.09.2021 (Annexure-6) with no proof of receipt thereof. Soon after filing of the said representation dated 25.09.2021, the petitioner approached this Court by filing the present writ application. Further, the documents which have been brought on record cannot be treated to be of such unimpeachable character as would require this Court exercising writ jurisdiction to direct payment as being claimed by the petitioner.
Patna High Court CWJC No.2970 of 2022(3) dt.13-05-2022 3/3 this Court.
It will be open, however, for the petitioner to invoke ordinary civil remedy before appropriate court on the basis of evidence including those which have been brought on record in this case..
This application is accordingly dismissed with the aforesaid observation.
(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) SUMIT/- U