Fakira Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2885 of 2014 ====================================================== Fakira Singh, son of Late Mahanth Singh, resident of Village - Bariyarpur, 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 Cooperative Officer, Sitamarhi.

5. The District Supply Officer, Sitamarhi.

6. The Assistant Registrar, Cooperative 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 Cooperative Bank Limited, Sitamarhi through its Managing Director.

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

For the Petitioner/s : Mr. Sanjay Kumar For the Respondent-State : Mr. Santosh Kr. Jha, GP-3 For the respondent-BSFC : Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 01-09-2015 Mr. Sanjay Kumar, learned counsel appearing on behalf of the petitioner, learned counsel for the State and Mr. Shailendra Kumar Singh, learned counsel appearing for the Bihar State Food and Civil Supplies Corporation are present and have been heard.

The petitioner is the Chairman of Bariyarpur Primary Agriculture Credit Cooperative Society in the district of Sitamarhi and by way of the present writ petition prays for

Patna High Court CWJC No.2885 of 2014 (2) dt.01-09-2015 twin reliefs, namely:

(a) To set aside the notice dated 27.11.2013 issued by the Branch Manager, Sitamarhi Central Cooperative Bank Limited, Sitamarhi impugned at Annexure-6; and (b) To direct the authorities of the Bihar State Food and Civil Supplies Corporation (hereinafter referred to as 'the Corporation') more particularly the District Manager at Sitamarhi to make payment of the balance price of the paddy supplied by the petitioner-Society.

Mr. Sanjay Kumar, learned counsel appearing for the petitioner while fairly not pressing the prayer questioning the notice issued by the Bank, submits that the petitioner is entitled to the second relief.

It is the case of the petitioner that for 595 quintals of paddy so supplied at the purchase centre of State Food Corporation at Dumara although the petitioner has received payment of Rs.1,50,000/- out of total price payable Rs.6,25,000/- but the balance of Rs.4,75,000/- is yet to be paid by 'the Corporation'. He submits that although a representation was filed before the authorities concerned but to no avail.

Patna High Court CWJC No.2885 of 2014 (2) dt.01-09-2015 Having heard learned counsel for the parties and considering the grievance so raised by the petitioner, I deem it proper to dispose of the writ petition with a direction to respondent no.9 i.e. the District Manager, Bihar State Food and Civil Supplies Corporation Limited, Sitamarhi to consider the grievance of the petitioner and dispose of the same within three months from the date of receipt/production of a copy of this order.

The writ petition stands dispose of accordingly. (Jyoti Saran, J) SKPathak/- U