Mirjapur Panchayat Primary Agriculture Credit Society Ltd. And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7327 of 2018 ====================================================== 1.

Mirjapur Panchayat Primary Agriculture Credit Society Ltd. having registration office at Maheshpur Dih, P.O. Yogipur, Block Hilsa, P.S. Chiksaura District Nalanda through its Chairman namely Manoj Kumar, R/o Village- Gosaipur, P.O.- Yogipur, Block- Hilsa, Police StationChiksaura, District- Nalanda. 2.

Manoj Kumar, S/o Late Nand Kishore Pd Sinha, Resident of VillageGosaipur, Post- Yogipur, P.S.- Chiksaura, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Food and Civil Supplies Corporation, Government of Bihar, Patna 2.

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

3.

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

4.

The Managing Director, Bihar State Food and Civil Supplies Corporation, Patna.

5.

The District Magistrate, Nalanda.

6.

The District Supply Officer, Nalanda.

7.

The District Manager, Bihar State Food and Civil Supplies Corporation, District- Nalanda at Bihar Sharif 8.

The Circle Officer, Hilsa, Nalanda.

9.

The Block Agriculture Officer, Hilsa, Nalanda Cum C.M.R. Incharge. 10.

The Nalanda District Central Co-Operative Bank Limited, Nalanda at Bihar Sharif through its Managing DIrector ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the State :

Mr. S.Raza Ahmad -AAG 5 For the BSFC :

M/s Shailendra Kumar Singh, Utkarsha Utpal, Advocate For the Bank :

Mr. Bindhyachal Rai, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 09-07-2025

1. Heard Learned counsel for the parties.

2. The writ petition is filed for the following reliefs:

2/4 "i. To pay the amount against the CMR which was supplied and deposited to the BSFC under the procurement scheme 2016/17 of Government of Bihar.

ii. To pay the interest which is being charged by the Nalanda Central Cooperative Bank Ltd, Nalanda against the Cash Credit.

iii. For any other relief or relief, order/orders which the petitioner may found to be entitled in the facts and circumstances of the case."

3. At the outset, Learned counsel for the respondents 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 District Manager,

3/4 Bihar State Food and Civil Supplies Corporation, Nalanda, for redressal of his 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 District Manager, Bihar State Food and Civil Supplies Corporation, Nalanda shall consider the said representation and pass necessary orders, preferably within three months from the date of filing of the representation, duly taking into consideration the representation along with the supporting documents filed by the petitioners. In case, the District Manager, Bihar State Food and Civil Supplies Corporation, Nalanda is of the view that the orders of this Court dated 06.08.2018 passed in LPA No. 881 of 2016 (The Bihar State Food and Civil Supplies Corporation Ltd. & Anr. Vs. Nayan Kumar Sinha & ors), 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

4/4 BSFC to be nominated by the Managing Director of the BSFC 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 District Manager, Bihar State Food and Civil Supplies Corporation, Nalanda shall pass necessary orders for payment of the amounts due to the petitioner. Any order passed by the District Manager, Bihar State Food and Civil Supplies Corporation, Nalanda shall be communicated to the party.

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

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

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.07.2025 Transmission Date