Ram Chandra Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15989 of 2016 =========================================================== Ram Chandra Sah, S/o Hisabi Sah, Resident of Village - Hata Chimanpur, P.O.- Chimanpur, P.S.-Sheohar, District- Sheohar .... .... Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary, Food & Civil Supplies, Govt. of Bihar, Patna

3. The District Magistrate-cum-Collector, Sheohar

4. The District Magistrate-cum-Collector, Sitamarhi

5. The District Supply Officer, Sheohar

6. The Sub-Divisional Officer, Sheohar

7. The District Manager, Bihar State Food Corporation, Sitamarhi

8. The District Manager, Bihar State Food Corporation, Sheohar .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Suman Kumar Verma, Advocate For the Respondents : Mr. S. Raza Ahmad AAG5 Mr. Alok Ranjan, AC to AAG 5 For the BSFC : Mrs. Namrata Mishra, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 06-02-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. The present writ petition has been filed for a direction to the respondents to refund the amount of Rs. 52,100/- along with statutory interest thereon which had been deposited for supply of food grains and other articles pertaining to his licence no. 29/1995 for running a PDS shop.

3. Learned counsel for the petitioner invites attention to the order dated 31.12.2015 passed by the Sub-Divisional Officer, Sheohar (Annexure-3) finding that the amount of Rs. 52,100/- was

Patna High Court CWJC No.15989 of 2016 dt.06-02-2018 2/3 payable to the petitioner in principle and for which responsibility was fixed upon respondent nos. 7 and 8 and the said order was required to be implemented within one month. It is stated however that even after lapse of more than three years, the petitioner has yet to receive the amount in question. It is stated that the matter earlier related to respondent nos. 7 and 8 now rests with the respondent no. 8.

4. Having regard to the nature of the grievances of the petitioner and with consent of the parties this writ petition is disposed of, granting liberty to the petitioner to approach the District Manager, Bihar State Food Corporation, Sheohar (Respondent No. 8) 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.

5. It is made clear that this Court is not expressing any

Patna High Court CWJC No.15989 of 2016 dt.06-02-2018 3/3 opinion on the merits of the claim of the petitioner. (Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 08.02.2018 Transmission Date N.A.