Krishna Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18023 of 2015 =========================================================== Krishna Kumar Singh, Son of Jai Govind Singh, Resident of Village - Derwa, P.S. - Kudra, District - Kaimur (Bhabhua).

.... .... Petitioner

Versus

1. The State of Bihar through the District Magistrate, Kaimur at Bhabhua.

2. The Managing Director, Bihar State Food and Civil Supply Corporation Limited, Sone Bhawan, 5th Floor, Birchand Patel Path, Patna.

3. The District Manager, Bihar State Food and Civil Supply Corporation, Kaimur at Bhabua.

4. The Godown Manager, Bihar State Food and Civil Supply Corporation, Kudra, District - Kaimur at Bhabua.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Binod Kumar Singh, Mr. Satyendra Kr. Singh, Advocates For the BSFC : Mr. Shailendra Kr. Singh, Advocate For the State : Mr. Uday Prasad, AC to GP 22 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 11-11-2016 Heard learned counsel for the petitioner and learned Counsel for the State.

2. The present writ petition has been filed for a direction to the respondents to make payment of the arrears of rent with effect from 18.03.2014 upto date as well as the current rent.

3. It is submitted on behalf of the petitioner that the petitioner, being the owner of the godown situated at Belbhadra on Kudra-Chenari Road, had given the godown to the respondent Bihar State Food and Civil Supply Corporation on monthly rent at the rate of Rs. 5/- per sq. feet with effect from 18.03.2014 as evident from the Corporation's letter contained in Memo No. 242 dated 21.03.2014 (Annexure-3). It is submitted that the petitioner has yet to receive any amount by way of

Patna High Court CWJC No.18023 of 2015 dt.11-11-2016 2/2 rent of the said premises from the Corporation even though the Corporation has taken possession of the godown in March, 2014 itself.

4. Having regard to the nature of the grievance, this writ petition is disposed of with consent of the petitioner, granting him liberty to approach the District Manager, Bihar State Food and Civil Supply Corporation, Kudra, District Kaimur at Bhabhua (Respondent No. 3) with a fresh representation for redressal of his grievances. If any such representation is filed within a period of four weeks from today, the same shall be considered and disposed of, ensuring payment to the extent found due to the petitioner, within a period of six weeks from the date of receiving the petitioner's representation. Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioner to receive payment together with simple interest at the rate of 9% per annum on the admitted dues calculated from the date as and when the amount became due till the date of its actual payment. In case the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be disposed of by a speaking order in that regard.

5. Needless to say, this Court has not expressed any opinion on the merits of the claims of the petitioner. B.T/Ibrar (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 23.11.2016 Transmission Date N.A.