Indra Narayan Khan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22514 of 2014 ======================================================

1. Indra Narayan Khan S/o Late Badri Narayan Khan R/o Village + P.O. Barahsher, Block Sattarkataiya, District Saharsa. .... .... Petitioner/s

Versus

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

2. The Chairman cum Managing Director, Bihar State Food and Civil Supplies Corporation Ltd. Patna.

3. The Principal Secretary, Food and Consumer Protection Department, Govt. of Bihar, Old Secretariat, P.O. Sachivalaya, Patna-15.

4. The Principal Secretary, Co-operative Department, Government of Bihar, Vikas Bhawan, New Secretariat, Patna-15.

5. The State of Bihar through District Co-operative Officer, at the District Co-operative Office, District Saharsa.

6. Block Agricultural Officer, Sattarkataiya.

7. The Assistant Purchase Incharge (Paddy), Sattar Kataiya.

8. District Manager, Bihar State Food Supply Corporation, Saharsa.

9. Godown Incharge, Saterkatiya, Bihar State Food AND Civil Supplies Corporation.

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

For the Petitioner/s : Mr. Nikunj Shekhar, Adv. For the Respondent/s : Mr. Smt. Binita Singh, G.P.31 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 23-02-2016 Heard Mr. Nikunj Shekhar, learned counsel for the petitioner and learned counsel for the State. The petitioner happens to be the Chairman of Barasher Primary Agriculture Credit Cooperative Society (hereinafter referred to as 'the PACS') situated in Block Sattarkataiya in the district of Saharsa and is aggrieved by the failure of the authorities of the Bihar State Food and Civil Supplies Corporation, to make payment for the paddy so supplied by the petitioner.

Patna High Court CWJC No.22514 of 2014 (2) dt.23-02-2016 2/3 Learned counsel for the petitioner with reference to the purchase cum payment voucher placed at Annexure-1 series which are dated 13.4.2014 and 15.4.2014 submits that 550 quintals and 491 quintals respectively was supplied by the petitioner at the centre so established by the Corporation but the payment has not been made to the petitioner. The limited grievance is that despite making rounds of the State as well as the Corporation his claim has not been disposed of.

Having heard learned counsel for the parties and considering the nature of grievance I deem it fit and proper to dispose of the writ petition with liberty to the petitioner to raise his grievance before the District Manager-Bihar State Food and Civil Supplies Corporation, Saharsa the respondent No.8 herein with a copy endorsed to the Managing Director Bihar State Food and Civil Supplies Corporation accompanied with papers supporting such supply and which claim of the petitioner would be considered and disposed of by the respondent no.8 in accordance with law within 3 months from the date of receipt/production of a copy of the order. It goes without saying that in case the claim of the petitioner is upheld then the necessary payment should be made forthwith and within four weeks of disposal. However, in case the claim is found not sustainable for whatever reason, the same

Patna High Court CWJC No.22514 of 2014 (2) dt.23-02-2016 3/3 should be disposed of with the opportunity of hearing to the petitioner by speaking order to be passed within the stipulated period mentioned herein.

The writ petition is disposed of.

(Jyoti Saran, J) Bibhash/- U