Hari Shankar Prasad Yadav And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25614 of 2013 ======================================================

1. Hari Shankar Prasad Yadav S/O Late Suyra Rai Resident of Village Chandra Hatti, P.S- Dumra, District- Sitamarhi.

2. Ram Swarup Thakur S/O Late Raj Kishore Thakur Resident of VillagePamra, P.S- Sitamarhi, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Department of Food and Consumer Protection, Government of Bihar, Patna.

2. The Development Commissioner, Bihar Patna.

3. The District Magistrate, Sitamarhi.

4. The District Co- Operative Officer, Sitamarhi.

5. The District Supply Officer, Sitamarhi.

6. The Assistant Registrar, Co- Operative Societies, Sitamarhi.

7. The Bihar State Food and Civil Supplies Corporation Ltd., Patna through its Managing Director

8. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Patna.

9. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Sitamarhi.

10. The Sitamarhi Central Co- Operative Bank Limited, Sitamarhi, through its Managing Director.

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

For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Respondent/s : Mr. Prashant Pratap, Adv. For the B.S.F.C. : Mr. Shailendra Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 01-03-2016 Heard Mr. Sanjay Kumar, learned counsel for the petitioners, learned counsel for the State and Mr. Shailendra Kumar Singh, learned counsel for the Bihar State Food and Civil Supplies Corporation (hereinafter referred to as the 'Corporation'). The petitioners are the Chairman of Mirzapur Primary Agriculture Credit Cooperative Society and Berwas Primary Agriculture Credit Cooperative Society, both situated in the

Patna High Court CWJC No.25614 of 2013 (3) dt.01-03-2016 2/3 district of Sitamarhi. Although these petitioners have questioned the notice issued by the District Central Cooperative Bank, Sitamarhi dated 27.11.2013 but along therewith another prayer made by these petitioners is to appropriately direct the authorities of the Corporation to make payment of the price of the paddy so supplied by these petitioners. It is the grievance of the petitioners that although the respondent-Corporation has made part payment for the paddy supplied but yet some amount is pending. Mr.

Sanjay Kumar, thus while not pressing the relief prayed in this writ petition in so far as it questions the notice issued by the District Central Cooperative Bank, prays for disposal of the writ petition with appropriate direction to the authorities of the Corporation to consider the grievance of the petitioners for payment of the price of the paddy which remains outstanding. Mr. Shailendra Kumar Singh learned counsel for the Corporation submits that the representation is not descriptive and thus the petitioners may approach the District Manager, Sitamarhi along with supportive documents.

Having heard learned counsel for the parties, the writ petition is disposed of with liberty to the petitioners to raise their grievance before the District Manager, Bihar Food and Civil Supplies Corporation, Sitamarhi along with supporting facts and

Patna High Court CWJC No.25614 of 2013 (3) dt.01-03-2016 3/3 figures and which representation would be considered and disposed of by the District Manager, Sitamarhi in accordance with law and after opportunity of hearing to the petitioners preferably within a period of 3 months of its filing. It goes without saying that if the claim advanced by the respective petitioners is upheld, the payment be made within four weeks of such disposal. However, in case the claim is not upheld, it should be disposed of by an speaking order passed within the same stipulated period. The writ petition is disposed of.

(Jyoti Saran, J) Bibhash/- U