Umesh Prasad Gupta v. The Food Corporation Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11829 of 2015 ====================================================== Umesh Prasad Gupta Son of Sri Dwarika Prasad Gupta, having it office - cum - resident at Mahuawan via Chhauradano, P.S. - Mahuawan, District - East Champaran.

... ... Petitioner/s

Versus

1.

The Food Corporation Of India 2.

The Area Manager, Food Corporation of India, District Office at Patna. 3.

The Area Manager, Food Corporation of India, District Office at Hawai Adda Chauk, Chota Bariarpur, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhola Kumar For the Respondent/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 17-08-2023

1. The present writ petition has been filed for the following reliefs:

"That the petitioner invokes the writ jurisdiction of this Hon'ble Court for grant of the following (a) For issuance of a writ of mandamus commanding the respondent no. 3 or the respondent concerned to pay Rs.19, 67,460/- to the petitioner with interest at the current market rate fortwith.

(b) For passing any other orders/s direction/s, appropriate Writ/s which Your Lordship deem fit and proper in the facts and circumstances of the instant Writ application."

2. In the counter-affidavit filed by the Respondent Nos. 1 to 3 at Para-6, it is specifically stated that the petitioner

Patna High Court CWJC No.11829 of 2015(4) dt.17-08-2023 2/2 has never approached to Respondent No. 2 i.e. The Area Manager, Food Corporation of India, District Office at Patna and that he has submitted the representation to the Respondent No. 3, i.e. The Area Manager, Food Corporation of India, District Officer at Motihari vide Annexure-3 which is a wrong forum. But as a matter of fact, the petitioner should have submitted the bill to the Respondent No. 2 and, therefore, the bill of the petitioner could not be paid.

3. Having regard to the above made statement, the petitioner is directed to submit the bill before the Respondent No. 2 within a period of four weeks from today and on such bill being presented the Respondent No. 2 is directed to process the same and in case the amounts are payable to the petitioner, the same shall be paid within a period of eight weeks thereof.

4. With the above direction, the present writ petition is disposed off.

(A. Abhishek Reddy, J) Ayush/- U