Anand Kumar Singh v. The State Of Bihar, Through The Chief Secretary, Govt. Of Bihar, Patna Shri Anjani Kumar Singh, New
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2100 of 2017 In Civil Writ Jurisdiction Case No.11258 of 2016 ====================================================== Anand Kumar Singh Son of Sheo Prasad Singh, Proprietor M/s Balaji Rice Mill Bajitpur Bihta P.S.- Bihta, District- Patna. ... ... Petitioner/s
Versus
1.
The State Of Bihar, Through The Chief Secretary, Govt. Of Bihar, Patna Shri Anjani Kumar Singh, New Secretariat, Patna 2.
The Bihar State Food and Civil Supplies Corporation Limited, Sone Bhawan, 5th Floor Birchand Patel, Patna through its Managing Director Shri Pankaj Kumar.
3.
Shri Pankaj Kumar, The Managing Director, Bihar State Food and Civil Supplies Corporation Limited, Sone Bhawan 5th Floor Birchand Patel Path, Patna.
4.
Shri Pankaj Sinha, The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Jehanabad.
5.
Shri Alok Ranjan Ghosh, The Collector-cum-District Magistrate, Patna. 6.
Shri Sudhir Kumar, The Additional District Magistrate Supply, Patna Collectoriate.
7.
Shri Sudhir Kumar, The District Certificate Officer, Arwal Jehanabad. 8.
The Members, three men committee Jehanabad.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nand Kishore Prasad Sinha For the Opposite Party/s :
Mr.S. Raza Ahmad - Aag 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 03-11-2023 Heard Mr. Nand Kishore Prasad Sinha, learned counsel appearing on behalf of the petitioner, Mr. Vishambhar Prasad, learned counsel for the State and the learned counsel for
2/4 the Bihar State Food and Civil Supplies Corporation Limited.
2. The petitioner by filing the present application seeking initiation of a contempt proceeding against the opposite parties for their willful defiance of the order dated 28.02.2017 passed by a Bench of this Court in CWJC No. 11258 of 2016, whereby, the Hon'ble Court has been pleased to refer the case of the petitioner to the three men Committee with a direction to examine the case of the petitioner and take decision in accordance with law. It was also made clear that after reconciliation/adjustment of the amount, if the petitioner would be liable to pay the amount then certainly in that circumstances the petitioner will be obliged to make payment without delay preferably within a period of 60 days from the date of decision of the three men Committee, failing which the Corporation will have a liberty to resort legal avenue in accordance with law. After adjustment of the amount, if it is found that, it is the petitioner, who is entitled to amount, then the Corporation shall return the amount within the same period.
3. A show-cause affidavit has been filed on behalf of the O.P. No. 4.
4. It is submitted on behalf of the Bihar State Food and Civil Supplies Corporation that in the light of the order of
3/4 this Court, the matter has been placed before the six men Committee, which convened its meeting on 30.09.2023 and determined the amounts to be paid to the petitioner as well as to be recovered from the petitioner. The copy of which has been brought on record and marked as Annexure - D, to the showcause affidavit.
5. At this juncture, learned counsel for the petitioner submits with all his vehemence that the claim of the petitioner has not been considered in its letter and spirit of the order of this Court. That apart, the outstanding dues standing with Ganpati Rice Mill has not been adjusted, which fact has also been taken note of, while passing the order under contempt.
6. Be that as it may, considering the fact that in compliance of the order of this Court, the six men Committee has considered the claim of the petitioner and passed an order showing the compliance of the order of this Court. This Court does not find any reason or occasion to proceed any further in the contempt matter, however, it is made clear that if the petitioner has still any grievance or not satisfied with the order passed by the six men Committee, he is at liberty to assail the same in an appropriate proceeding or by filing an appropriate application, if so advised.
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7. In view thereof, the present contempt petition stands disposed of with the liberty aforesaid. (Harish Kumar, J) shivank/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.11.2023.
Transmission Date NA