Maniari Khairwa Primary Agricultural Credit Society v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5108 of 2014 ===========================================================

1. Maniari Khairwa Primary Agricultural Credit Society ( Pacs ), Panchayat Maniari Khairwa, Block Dumra, District Sitamarhi, Through Its Chairman Shankar Sah Son Of Late Ram Swarup Sah Resident Of Village - Govind, Phandah, P.S. And District - Sitamarhi

2. Maniari Khairwa Primary Agricultural Credit Society ( Pacs ), Panchayat Maniari Khairwa, Block Dumra, District Sitamarhi, Through Its Chairman Shankar Sah Son Of Late Ram Swarup Sah Resident Of Village - Govind, Phandah, P.S. - Sitamarhi .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Secretary, Co - Operative Department, Bihar, Patna

3. The Registrar Co - Operative Societies, Co - Operative Department, Bihar, Patna Null Null

4. The District Magistrate, Sitamarhi

5. The District Co - Operative Officer, Sitamarhi

6. The Co - Operative Extension Officer, Block Dumra, District Sitamarhi

7. The Central Co - Operative Bank, Sitamarhi Through Its Managing Director

8. The Managing Director, The Central Co - Operative Bank, Sitamarhi

9. The Branch Manager The Central Co - Operative Bank, Sitamarhi

10. The Bihar State Food And Civil Supplies Corporation, Bihar, Patna Through Its Managing Director

11. The Managing Director, The Bihar State Food And Civil Supplies Corporation, Bihar, Patna

12. The District Manager The Bihar State Food And Civil Supplies Corporation, Sitamarhi .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar, Advocate. Mr. Hans Lal Kumar, Advocate.

For the Respondent/s : Mr. Pushpendra Kumar Singh, Advocate. For the BSFC : Mr. Shailendra Kumar Singh, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 12-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for a

Patna High Court CWJC No.5108 of 2014 dt.12-01-2016 2/3 direction to the respondents to make payment towards cost of 624 quintals and 14 Kgs. of paddy said to have been supplied by the petitioner.

3. It is submitted on behalf of the petitioner that against the total supply of 1842 quintals and 40 Kgs. of paddy, the cost of only 1218 quintals of paddy has been received, leaving the cost of 624.40 quintals of paddy remaining unpaid.

4. In the above view of the matter, this writ petition is disposed of with consent of the petitioner, granting him liberty to approach the District Manager, the Bihar State Food & Civil Supplies Corporation, Sitamarhi (Respondent No. 12) with a fresh representation for redressal of his grievances. If any such representation is filed within a period of two 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 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.

Patna High Court CWJC No.5108 of 2014 dt.12-01-2016 3/3

5. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) Md. Ibrarul/- U