M/S Sagar Mini Rice Mill v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3944 of 2015 ====================================================== M/s Sagar Mini Rice Mill through its proprietor, Sita Ram Singh son of Late Ram Keshar Singh resident of Village - Simara, P.O. Udarwar, P.S. - Sonhan, District - Kaimur, .... .... Petitioner

Versus

1. The State of Bihar through its Principal Secretary, Food Supply and Commerce Department, Government of Bihar, Patna,

2. The Managing Director, Bihar State Food and Civil Supply Corporation, Bihar, Patna,

3. The District Manager cum Requisition Officer, Bihar State Food and Civil Supply Corporation, Kaimur (Bhabhua),

4. The District Magistrate, District - Kaimur (Bhabhua),

5. The District Supply Officer, Bihar State Food and Civil Supply Corporation, Kaimur at Bhabhua,

6. The District Certificate Officer, District - Kaimur at Bhabhua, .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Ramchandra Singh, Advocate For the State : Mr. Shailesh Kumar, AC to GP 20 For the BSFC:

M/s A. Kumar and Shailendra Kumar, Advocates ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 07-04-2015 I have heard learned counsel for he petitioner, the State and the Bihar State Food and Civil Supply Corporation Department, Government of Bihar(hereinafter referred to as "BSFC"). In view of the limited prayer made at the time of hearing of this matter and also in view of the earlier orders passed by this Court in identical matters as pointed out by learned counsel for the BSFC, this writ application is being disposed of with a liberty to the petitioner to move before the respondent no. 2, i.e., the Managing Director, Bihar State Food and Civil Supply

Patna High Court CWJC No.3944 of 2015 (2) dt.07-04-2015 Corporation, Bihar, Patna, by filing a representation along with a certified copy of this order making out his grievance within two weeks from today. Thereafter, the respondent no. 2 will proceed in accordance with law and fix date inviting the petitioner for conciliation. He would be required to take a final stand in the matter expeditiously preferably within a period of six weeks from the date of filing of such representation and communicate such decision taken by him to the petitioner. In case the petitioner still feels aggrieved he would also be at liberty to take steps for reference of the matter to the arbitrator in terms of Clause 16 of the agreement..

Further proceeding of Certificate Case No. 65/2014-15 shall remain stayed till the final outcome of the process of conciliation. However, it is made clear that if the petitioner fails to file any application before the respondent no. 2 within two weeks from today then the Certificate Officer concerned would be at liberty to proceed in the certificate proceeding concerned in accordance with law and the petitioner would be at liberty to file objection under section 9 of the Bihar and Orissa Public Demands Recovery Act. (Dr. Ravi Ranjan, J) SC/- U