Aurangabad District P A C S Samanway Samiti Ltd. And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16087 of 2015 ======================================================

1. Aurangabad District PACS Samanway Samiti Ltd., Aurangabad, through its Chairman Rajesh Kumar, S/O- Late Rampukar Singh, VillAasha Bigha, P.O.- Bhadwa, P.S.- Rafiganj, District- Aurangabad (Chairman of Bhadwa PACS)

2. Rajesh Kumar, S/o Late Rampukar Singh Vill- Aasha Bigha, P.O.- Bhadwa, P.S.- Rafiganj, District- Aurangabad Chairman of Bhadwa PACS .... .... Petitioners

Versus

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

2. The Chief Secretary, Government of Bihar, Patna

3. The Principal Secretary, Co-operative Department, Govt. of Bihar, Patna.

4. Registrar, Co-operative Societies, Bihar, Patna.

5. The Food Secretary, Government of Bihar, Patna

6. The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd, Sone Bhawan, Birchand Patel Path, Patna

7. The District Magistrate, Aurangabad.

8. The District Manager, State Food Corporation, Aurangabad.

9. The District Co-operative Officer, Aurangabad. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Manish Kumar Singh, Advocate For the Respondents -State : Mr. Ashok Kumar Keshari, A.A.G.-11 For the Respondent BSFC : Mr. Anjani Kumar, Senior Advocate Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE HEMANT GUPTA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 08-02-2016 Heard Mr. Y. V. Giri, learned Senior Counsel, appearing for the petitioners, and Mr. Ashok Kumar Keshari, learned Additional Advocate General No.11, appearing on behalf of the respondents-State. Also heard Mr. Anjani Kumar, learned Senior Counsel, appearing on behalf of respondentsBihar State Food and Civil Supplies Corporation Limited.

Patna High Court CWJC No.16087 of 2015 (4) dt.08-02-2016 2/2 By way of this application, made under Articles 226 and 227 of the Constitution of India, in the nature of Public Interest Litigation, the petitioner seeks, in substance, the relief for payment of dues of various Primary Agriculture Cooperative Societies (hereinafter referred to as 'the PACS') of the district of Augrangabad.

Since the petitioners are interested parties, this writ petition, in the nature of Public Interest Litigation, is not maintainable and is, therefore, closed with liberty granted to the individual aggrieved PACS to take recourse to such provisions of law as may be permissible.

(I.A. Ansari, ACJ) (Hemant Gupta, J) Sunil/- U