Shiv Shankar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1106 of 2016 ====================================================== Shiv Shankar Yadav son of Late Sita Ram Yadav resident of Village- Dhata Tole Panchayat Gaurh Andhra, P.O. Dumra, P.S. Andhrathadi, District - Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, District Madhubani.

2. The Bihar State Food and Civil Supplies Corporation Ltd. Bihar at Patna.

3. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd. Madhubani, District - Madhubani.

4. The Food Corporation of India, Divisional Manager, Muzaffarpur.

5. The Block Development Officer, Andhrathadhi, District - Madhubani.

6. The Store in charge State Food Corporation (P.P.C.) Andhrathadhi Centre, P.S. Andhrathadhi, District Madhubani. .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Respondent/s : Mr. Ashok Priyadarshi, GA-4 For the B.S.F.C. : Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 24-02-2016 Heard Mr. Gagan Deo Yadav, learned counsel for the petitioner, counsel for the Corporation and learned counsel for the State.

The petitioner prays for payment of the dues pertaining to supply of paddy made by the petitioner who happens to be the Chairman of Gaur Andrathadhi Primary Agriculture Credit Cooperative Society in the district of Madhubani. According to the petitioner he has made supplies of 1420 quintals of paddy to the respondent Corporation and in support whereof he relies upon a

Patna High Court CWJC No.1106 of 2016 (3) dt.24-02-2016 report of the Block Development Officer present at Annexure-1 in which the name of the petitioner and the supply made appears at serial no. 1. Mr. Yadav next refers to Annexure-2 to submit that of the supply so made, the Society yet awaits payment in respect of the 522 quintals of paddy and for which a representation was filed before the District Manager, State Food Corporation, Madhubani on 30.8.2015 i.e. within the period of the scheme but has not been disposed of.

This matter was heard earlier on 20.1.2016 when counsel for the Corporation was directed to seek instruction and file affidavit but which is not forthcoming.

In the circumstances, I deem it fit and proper to dispose of this writ petition with a direction to the District Manager, Bihar State Food and Civil Supplies Corporation, Madhubani to consider and dispose of the claim of the petitioner as reflected from his representation dated 30.8.2015 present at Annexure-4 preferably within six weeks of receipt / production of a copy of the order. The petitioner would present himself alongwith a copy of the order as well as documents supporting his claim and in case the District Manager is satisfied by the claim raised by the petitioner then the payment should be made within a fortnight of disposal of such claim. However, in case the claim is not found sustainable

Patna High Court CWJC No.1106 of 2016 (3) dt.24-02-2016 for any reason that may be, it should be disposed of by a speaking order to be passed within the same period.

The writ petition is disposed of accordingly. (Jyoti Saran, J) S.Sb/- U