Pathda Primary Agriculture Credit Co Oprative Society Ltd. And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6503 of 2015 ===========================================================

1. Pathda Primary Agriculture Credit Co-Operative Society Ltd, Pathda under Phullidumar Block in the District of Banka through its Chairman, Ramadhin Yadav

2. Ramadhin Yadav, Son of Late Chamak Lal Yadav, Resident of Village + P.O.- Pathda, Block-Phullidumar, P.S. Phullidumar, District-Banka Chairman, Pathda PACS.

.... .... Petitioners

Versus

1. The State of Bihar through its Principal Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna.

2. The Principal Secretary, Co-operative Department, Government of Bihar, Patna.

3. The Registrar, Co-operative Societies Bihar, Patna.

4. Development Commissioner, Bihar, Patna.

5. District Co-operative Officer, Banka.

6. District Officer (Magistrate), Banka.

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

8. District Manager, Bihar State Food and Civil Supplies Corporation Ltd, Banka.

9. Circle Officer , Phulidumar, Dist- Banka.

10. Bhagalpur Central Co-operative Bank Ltd, Bhagalpur, through its Managing Director.

11. Bhagalpur Central Co-operative Bank Ltd, Shambhuganj Branch, Distt.- Banka through its Branch Manager.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Mishra, Advocate For the State : Mr. Prabhat Ranjan Singh, AC to AAG-15 For BSFC : Mr. Shailendra Kumar Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 27-08-2018 Despite repeated calls, no one appears on behalf of the

Patna High Court CWJC No.6503 of 2015 dt.27-08-2018 2/3 petitioners to press the writ petition. Leaned counsel for respondent Bihar State Food Corporation is present.

2.

The petitioner has filed the present writ petition for a direction to respondent authorities to left 568.77 quintals of paddy procured in the Kharif Marketing Season- 2013-2014 form petitioner no.1. The petitioner has also prayed for restraining the respondent authorities from taking coercive action against the Chairman of the Patha Primary Agriculture Credit Co-operative Society (PACS). 3.

It is submitted by the learned counsel appearing for the respondent Bihar State Food Corporation that the petitioner is the Chairman of the aforesaid Patha Primary Agriculture Credit Cooperative Society. He had executed an agreement with the CoOperative Department for purchase of paddy from procurement year 2013-14. As per the policy decision taken by the Government of India, Bihar State Food Corporation had fixed last date for receiving paddy as 31.03.2014 for the procurement year 2013-14. The petitioners have deposited 816.00 quintals of paddy up to 31.03.2014 before the Purchasing Center and received payment through cheques on different dates. He contended that the prayer of the petitioners is not maintainable because the procurement of paddy for the procurement year 2013-14 has already been closed after 31.03.2014.

4.

Having perused the writ petition and considered the

Patna High Court CWJC No.6503 of 2015 dt.27-08-2018 3/3 submissions made by the learned counsel appearing for the respondent Bihar State Food Corporation, since the procurement of paddy for the procurement year 2013-14 has already been closed on 31.03.2014 itself, I see no merit in this writ petition. It is dismissed accordingly.

(Ashwani Kumar Singh, J) Kanchan/SkSuman.

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