Surendra Manjhi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4702 of 2017 ====================================================== Surendra Manjhi S/o Dwarika Manjhi R/o Village - Kewala, P.O. Ambatari, P.S. - Mohanpur, District - Gaya.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Director, Bihar State Food and Civil Supplies Company Ltd. Patna 2.

District Magistrate, Gaya.

3.

District Manager Bihar State Food and Civil Supplies Company Ltd. Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiva Shankar Sharma For the State :

Mr. S.Raza Ahmad-AAG 5 Mr. Bijoy Kumar Sinha, AC to AAG 5 For BSFC :

M/s Shailendra Kumar Singh Utkarsh Utpal, Advocates ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 06-05-2025

1. Heard the Learned counsel for the parties.

2. The petitioner has filed the Writ petition for issuance of appropriate writ, order / orders and direction to the respondent authorities to pay Rs. 14,50,440/- with Bank interest to the petitioner which is price of 540 quintal rice and pass such any other order/orders as this Court may deem fit and proper under the circumstances of the case.

3. At the outset, Learned counsel for

2/4 petitioner contended that since this matter is squarely covered under the order dated 26.06.2024 passed by this Bench in CWJC No. 10645 of 2015 (Dilip Singh Vs. The State of Bihar & Ors.), this writ petition may also be disposed of on the same term and conditions.

4. It is relevant to mention here that Respondent No. 3 the District Manager, Bihar State Food and Civil Supplies Corporation, Gaya, has filed a counter affidavit and in paragraph no. 7 he has categorically submitted that the petitioner's claim is disputed as the petitioner has not supplied the claim quantity of CMR. It is submitted on behalf of respondents that the petitioner has only filed application without any supporting documents.

5. In view of the fact that this matter is squarely covered by the aforesaid order passed in CWJC No. 10645 of 2015 (supra), without going into the merits of the case, the petitioner is directed to approach the Respondent No. 3, the District Manager, Bihar State Food and Civil Supplies Corporation, Gaya for ventilating their

3/4 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. 3 shall consider the said representation and pass necessary orders duly taking into consideration the representation along with the supporting documents filed by the petitioner. In case, the Respondent No. 3 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 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 petitioner, the Respondent No. 3 shall pass necessary orders for payment of the amounts due to the petitioner. Any order passed by the Respondent No. 3 shall be communicated to the

4/4 party.

6. With the above direction, the present Writ Petition stands disposed of to the extent indicated above.

7. Interlocutory Application(s), if any, shall stand disposed of.

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.05.2025 Transmission Date