Ajit Kumar Das v. The State Of Bihar And ORS

Patna High Court CWJC No.8720 of 2014 dt.06-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8720 of 2014 =========================================================== Ajit Kumar Das Son of Sri Ram Narayan Das Resident of Village - Chandadih, Tola - Jagata, P.O. - Chandadih, P.S. - Ghoraiya, District - Banka. .... .... Petitioner

Versus

1. The State of Bihar through the Managing Director, State Food and Civil Supply Corporation Ltd., Sone Bhawan, Birchand Patel Marg, Patna.

2. The District Magistrate, Banka, District - Banka.

3. The Sub-Divisional Officer, Banka, District - Banka.

4. The District Magistrate, Bhagalpur, District - Bhagalpur.

5. The District Manager, State Food Corporation, Bhagalpur.

6. The District Manager, State Food Corporation, Banka.

7. The Assistant Manager, State Food Corporation, Rajaun, Banka. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Shreekant Labh, Adv For the BSFC : Mr. Shailendra Kumar Singh, Adv For the State : Mr. Avinash Kumar, AC to SC 15 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 06-02-2018 Heard learned counsel for the petitioner and learned Counsel for the respondents.

2. The present writ petition has been taken up out of turn on the request of learned counsel for the petitioner for disposal of the same with a direction to the respondents to pay the admitted dues of the petitioner.

3. Learned counsel for the petitioner submits that the petitioner being a PDS dealer had deposited a sum of Rs. 98,398/- for the purpose of lifting food grains but, neither the food grains were supplied nor the amount has been refunded so far.

4. Learned counsel for the respondents appears and has been heard.

5. Having regard to the nature of the grievances of the petitioner and with the consent of the parties this writ petition is

Patna High Court CWJC No.8720 of 2014 dt.06-02-2018 disposed of, granting liberty to the petitioner to approach the District Manager, State Food Corporation, Banka (Respondent No. 6) with a fresh representation for redressal of his 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 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.

6. 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 07.02.2018 Transmission Date NA