Kusheshwar Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7110 of 2025 ====================================================== Kusheshwar Prasad Singh S/o- Late Ram Lakhan Singh, R/o- Vill.- Jatahi, P.S- Khutauna, District- Madhubani, at present Adhyaksha Chaturbhuj Piprahi PACS, Block- Khutauna, Dist- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Registration Department, Patna-800015.

2.

The Secretary, Co-operative Department, Govt. of Bihar, New Secretariat, Patna.

3.

Sri N. Saravana Kumar, The Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna, Old Secretariat, Patna, Bihar. 4.

The District Magistrate, Madhubani.

5.

The District Co-operative Officer, Madhubani. 6.

The District Manager, State Food Corporation, Madhubani. 7.

The District Supply Officer, Madhubani.

8.

The Sub-Divisional Magistrate, Madhubani.

9.

The Block Development Officer, Khutauna, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Adesh Raj, Advocate For BSFC :

Mr. Shailendra Pr. Singh, Advocate For the State :

Mr. Md. Irshad, A.C. to S.C.-1.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner, Mr. Adesh Raj, learned counsel for the BSFC-respondent No.6, Mr. Shailendra Prasad Singh and learned counsel, Mr. Md. Irshad, A.C. to S.C.-1 for the State.

2. With the consent of all the parties, this writ application is being disposed of at the stage of admission itself.

3. The petitioner in the present writ application has

Patna High Court CWJC No.7110 of 2025(2) dt.30-04-2025 2/3 prayed for grant of following relief :- "(i) A writ in the nature of mandamus or any other appropriate order/orders, direction(s) concerned respondents to writ/writs, to allow the the petitioner to purchase the paddy for the raw rice (Arwa Chawal) as per the milling capacity per year about 12,000MT because the District Co-operative Department has been reducing the allotment to the petitioner's rice mill per year for the reason best known to them. This discrimination causes the loss of Rs. 5 Lakhs approximately each year to the petitioner's rice mill and the petitioner is not being able to refund the Installments of local Loandar on time and the PACS is being burden of the unnecessary loan and interest while this Mill is constructed by government fund (government mill).

(ii) Either to return the amount which lost each year as absolute burden over mill.

(iii) To any other relief(s) to which the petitioner is found entitled.

4. For seeking aforesaid relief, the petitioner has already filed a representation dated 28.02.2025 (Anexure P-4) to the District Magistrate, Madhubani and other respondents in relation to the allotment reduction of paddy in the milling of the raw rice (Arwa Chawal) showing the several problems and requesting for the permission to purchase the paddy on the milling capacity of the threshing machine of the petitioner so that the loss year-wise can be compensated. The petitioner contends that despite filing of the representation in the month of April, 2025, the respondents are sitting tight over the matter and no decision has been taken on the said representation till now. The petitioner prays that a direction be given to the District

Patna High Court CWJC No.7110 of 2025(2) dt.30-04-2025 3/3 Magistrate, Madhubani to decide/ disposed of this representation filed by the petitioner within fixed time.

5. The counsels appears for the respondents have no objection to the submission being made by the learned counsel for the petitioner.

6. As requested by learned counsel for the petitioner, this writ application is disposed of giving direction to District Magistrate, Madhubani, respondent No.4 to decide/ dispose of the representation of the petitioner dated 28.02.2025 (AnnexureP4) within two months from the date of production of a copy of this order. While disposing of the representation, the District Magistrate, Madhubani shall here the petitioner and pass a reasoned and speaking order.

7. With the aforesaid observation and direction, the present writ application stand disposed of.

(Alok Kumar Sinha, J) sanjeev/- U