Nand Kishore Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19384 of 2016 ====================================================== 1.

Nand Kishore Singh Son of Late Jai Prakash Singh 2.

Ramanuj Prasad Singh Son of Nand Kishore Singh 3.

Smt. Archana Singh Wife of Ramanuj Prasad Singh All Resident of Village-Parasiya, P.O. Kara, P.S. Jamhore, District Aurangabad Bihar ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Patna 2.

Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna 3.

Managing Director, State Food Corporation, Bihar, Patna 4.

The District Manager, State Food Corporation, Aurangabad, Bihar 5.

District Magistrate, Aurangabad 6.

M/s M.P.A. Food Private Limited, through Manager Village Rahura, P.O. Siris, P.S. Barun, District Aurangabad 7.

Sri Sailendra Kumar Sinha Block Statistic Supervisor, Barun Block, district Aurangabad Presently C/o District Stastical Officer, Kaimur at Bhabhua 8.

Sri Girjesh Sharma Computer Operator, C/o District Manager, State Food Corporation, Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the State :

Mr. Arvind Ujjwal- SC4 For the BSFC :

M/s Shailendra Kumar Singh, Advocate Utkarsh Utpal, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 25-06-2024 Heard learned counsel for the parties.

2. The writ petition is filed for issuance of appropriate writ, order or direction to the respondents to pay the dues of the paddy sold by them to Bihar State Food Corporation and for a further direction to the respondents not to repeat such action in

Patna High Court CWJC No.19384 of 2016(3) dt.25-06-2024 2/3 future.

3. At the outset, Learned counsel for petitioner contended that since this matter is squarely covered under the order dated 01.12.2023 passed in CWJC No. 14138 of 2015 (Amrendra Kumar Vs. The State of Bihar & Ors.), this writ petition may also be disposed of on the same term and conditions.

4. In view of the fact that this matter is squarely covered by the aforesaid order, without going into the merits of the case, the petitioners are directed to approach the Respondent No. 4, the District Manager, State Food Corporation, Aurangabad, Bihar for ventilating their grievance along with the supporting documents within a period of four weeks from the date of the receipt of the copy of this order. On such representation being made, the Respondent No. 4 shall consider the said representation and pass necessary orders duly taking into consideration the representation along with the supporting documents filed by the petitioners. In case, the Respondent No. 4 is of the view that the orders of this Court passed in LPA No. 881 of 2016 dated 06.08.2018 wherein this Hon'ble Court has directed the constitution of a Committee consisting of the District Magistrate, the Enforcement Officer of the concerned

Patna High Court CWJC No.19384 of 2016(3) dt.25-06-2024 3/3 Block and one Senior Officer of the BSFC to be nominated by the Managing Director has to be followed to look into the entire controversy and submit a report he shall do so. In case, the report of the Committee is in favour of the petitioners, the Respondent No. 4 shall pass necessary orders for payment of the amounts due to the petitioners. Any order passed by the Respondent No. 4 shall be communicated to the party.

5. With the above direction, the present Writ Petition stands disposed of to the extent indicated above. (G. Anupama Chakravarthy, J) Spd/- U