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Patna High CourtCWJC/6493/2016disposed

Anjani Kumar @ Anjani Kumar Jaiswal v. The State Of Bihar And ORS

2016-04-29Mr. Justice Samarendra Pratap Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6493 of 2016 ====================================================== Anjani Kumar @ Anjani Kumar Jaiswal Son of Late Ram Chandra Prasad, Resident of Chandan Nagar, Gulab bag, P.S. - Sadar, District - Purnea, Proprietor of Khushi Rice Mill, Purnea .... .... Petitioner

Versus

1. The State of Bihar

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

3. The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd., Patna.

4. The Deputy Chief (Claim), Bihar State Food and Civil Supplies Corporation Ltd., Patna.

5. The District Magistrate, Purnea.

6. The District Certificate Officer, Purnea.

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

8. Mr. Akhilesh Jaiswal, Son of Late Achhilal Prasad, Resident of Village - Chandan Nagar, Gulab bag, P.S. - Sadar, District - Purnea, Proprietor of Balaji Mini Rice Mill, Gulab bag, Purnea .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Bhushan Kumar, Advocate For the Respondent/s : Mr. Uday Shankar Sharan Singh, GP1 For the BSFC : Mr.Aditya Prakash Sahay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 25-07-2016 The instant writ petition has been put up before this Court under the heading 'To be mentioned' because it had been heard and disposed of vide order, dated 29.4.2016. However, records of this case got traceless before pronouncement of the order. The same has not been located in spite of several efforts. In that view of the matter, the writ petition is reconstructed taking on record a copy of the brief along with annexures.

Heard learned counsel for the petitioner and the

Patna High Court CWJC No.6493 of 2016 (2) dt.25-07-2016 2/3 respondents.

The petitioner is owner of a rice mill and was entrusted paddy for its milling for the session 2013-14 and 201415. He submits that he has given entire proportionate quantity of the CMR (rice) to the Bihar State Food and Civil Supplies Corporation Ltd. and submitted bill amount of Rs.12,95,000.62 against the milling, transportation and handling and other charges which is still not paid to him.

It is the case of the petitioner that the authorities should either adjust his bill in the outstanding dues of respondent no.8 and to pay him the rest amount, so that he can repay the loan amount taken from respondent no.8 for procurement of paddy. The petitioner in this respect has filed representation before the District Manager, Bihar State Food Corporation, Purnea.

Counsel for the respondents submits that the submission of the petitioner would be subject to proper verification.

Without going into the merit of the case, the writ petition is disposed of with a direction to the respondents to dispose of the representation of the petitioner (annexure-2) within a period of four weeks from the date of receipt of a copy

Patna High Court CWJC No.6493 of 2016 (2) dt.25-07-2016 3/3 of this order.

The writ application stands disposed of.

Needless to state that the Registry would keep the original records with the reconstructed records of this case, if traced out, in the meanwhile.

Shashi.

(Samarendra Pratap Singh, J) U