Kaamp Poorvi Primary Agriculture Credit Cooprative Society v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13309 of 2015 ====================================================== Kaamp Poorvi Primary Agriculture Credit Cooprative Society through its Chariman Jaiprakash Yadav son of Late Tarni Yadav Resident of Village Kaamp P.S. : Sour Bazaar, District Saharsa.

.... .... Petitioner/s

Versus

1. State of Bihar, through the Secretary State Food and Civil Supplies, Patna.

2. Managing Director, Bihar State Food and Civil Supplies Corporation, Sone Bhawan, 5th Floor, Bir Chand Path, Patna - 800001.

3. Collector, Saharsa District - Saharsa.

4. District Manager, Bihar State Food and Civil Supplies Corporation, Saharsa.

5. District Cooperative Officer, Saharsa.

6. Joint Registrar, Cooperative Society, Kosi Division, Saharsa.

7. Registrar, Cooperative Society, Government of Bihar, Patna.

8. Satishyam, Executive Assistant, Bihar State Food and Civil Supplies Corporation, Sales Centre, Janta Rice Mill, Ara, Saharsa.

9. Sailesh Kumar, Centre In-Charge, Sales Centre, Janta Rice Mill, Ara, Saharsa.

.... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Suman Kumar Jha, Advocate For the B.S.F.C. : Mr. Shailendra Kumar Singh, Adv. For the Respondent/s : Mr. Din Bandhu Singh, G.P.-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 18-01-2016 Heard the parties.

The petitioner happens to be the Chairman of Kaamp Poorvi Primary Agriculture Credit Cooperative Society, BlockSour Bazar in the district of Saharsa and complains of nonpayment of price for supply of 811 quintals of paddy to the respondent Corporation at its purchase centre. Mr. Krishna Ranjan, learned counsel appearing on

Patna High Court CWJC No.13309 of 2015 (6) dt.18-01-2016 behalf of the petitioner has referred to certain receipts issued by the Centre In-Charge enclosed at Annexure-2 and with particular reference to the receipt present at page 13 and 14 of the proceedings he submits that 402.19 quintals and 409 quintals respectively were supplied by the petitioner and purchased by the Centre In-Charge on behalf of the Corporation but its payment has not reached the petitioner.

A counter affidavit has been filed in which a report of the District Manager finds enclosed at Annexure-A in which a dispute as regarding the supply itself has been raised by the Corporation. It is mentioned that there is no evidence regarding the supply.

In the circumstances and in the nature of dispute so raised, I deem it fit and proper to give liberty to the petitioner to raise his grievance before the District Magistrate, Saharsa along with supportive documents as regarding the supply of 811 quintals of paddy to the respondent Corporation. The District Magistrate, Saharsa in consideration of the claim and upon hearing the stand of the respondent Corporation would dispose of the claim of the petitioner in accordance with law and since the claim relates to the Kharif Marketing Season 2014-15, it is expected that the claim would be disposed of by the District Magistrate, Saharsa

Patna High Court CWJC No.13309 of 2015 (6) dt.18-01-2016 expeditiously and preferably within six weeks of the receipt / production of a copy of the order along with the claim application. This application stands disposed of.

(Jyoti Saran, J) S.Sb/- U