Patna High CourtCWJC/12853/2016disposed

Shankar Kishor Chaudhary v. The State Of Bihar And ORS

2018-12-03Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12853 of 2016 ====================================================== Shankar Kishor Chaudhary son of Shri Inderdeo Chaudhary Resident of Village- Jadhua, Barai Tola, Ward No-38, Post Office- Railway Station Hajipur, Police Station- Industrial Area Hajipur, District- Vaishali, StateBihar. ... ... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, Bihar, Patna.

2. Principal Secretary, Agriculture Department, State of Bihar, Patna.

3. Agriculture, Production Commissioner, State of Bihar, Patna.

4. Director Horticulture, Cum Mission Director, Bihar, Patna.

5. Nodal Officer, Horticulture, Mission, Bihar, Patna.

6. Assistant Director, Horticulture, Sheikhpura, Bihar.

7. District Horticulture Officer, Sheikhpura, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Shekher Prasad For the Respondent/s :

Mr. Chitranjan Sinha, PAAG-2 Mr. Niraj Kumar Sinha, AC to PAAG-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-12-2018 In view of the counter affidavit filed by the respondents, a disputed question of fact has arisen as to whether the petitioner had supplied two metric tons of seeds or 30 metric tons of seeds, resultantly a dispute regarding payment to be made to the petitioner has also arisen.

The respondents have filed a counter affidavit denying the claim of the petitioner and the claim of the petitioner has also been rejected by the Deputy Director (Horticulture), Nawada by an order dated 04.01.2016. Having considered the rival contentions, this Court is of the opinion that since disputed question of facts are involved

Patna High Court CWJC No.12853 of 2016(2) dt.03-12-2018 2/2 in the present case, the petitioner would be well advised to file a recovery suit before the appropriate court of competent civil jurisdiction.

Accordingly, the present writ petition is disposed of with the aforesaid liberty.

(Mohit Kumar Shah, J) S.Sb/- U