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Patna High CourtCWJC/6668/2017disposed

Promod Kumar v. The State Of Bihar And ORS

2017-07-24Mr. Justice Shivaji Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6668 of 2017 =========================================================== Promod Kumar, Son of Sri Pappu Sao, resident of Naya Bazar, R. Lal College Road, P.S.- Lakhisarai, District- Lakhisarai, Proprietor of M/S Maa Tara Enterprises, Lakhisarai.

.... .... Petitioner

Versus

1. The State of Bihar.

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

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

4. The District Magistrate, Lakshiarai.

5. The District Manager, Bihar Sate Food and Civil Supplies Corporation, Lakhisarai.

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

For the Petitioner/s : Mr. Shashi Bhushan Kumar, Adv. For the B.S.F.C. : Mr. Nirmal Kumar, Adv. For the State : Mr. S.Raza Ahmad-A.A.G.-5 Mr. Alok Ranjan, A.C. to A.A.G.-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 24-07-2017 Heard learned counsel appearing for the respective parties.

2.

Primarily, in this case, the petitioner has claimed for payment of Rs.5,76,456/- as milling, transportation and handling

Patna High Court CWJC No.6668 of 2017 dt.24-07-2017 2/3 charges of the C.M.C./ paddy which was received by the petitioner during the Sessions 2014-15. Further prayer has been made for payment of Rs.2,00,000/- which the petitioner has deposited as Security deposit.

3.

In the writ petition, it has been stated that the petitioner is a miller, apart from milling was allotted the work for transportation and handling of the paddy.

4.

The learned counsel for the petitioner submits that though the petitioner has handed over the required C.M.R., but the payment with respect to milling, handling and transportation charge including the security amount have not been made to the petitioner. 5.

Let the petitioner file a detailed representation before the Managing Director, Bihar State Food and Civil Supplies Corporation, who will be obliged to consider the same and whatever the admitted dues comes, the same will be paid to the petitioner. The entire exercise will be completed by the Managing Director, within a period of eight weeks from the date of filing of the representation by the petitioner. If the Managing Director finds that the petitioner is not entitled to any amount, in such

Patna High Court CWJC No.6668 of 2017 dt.24-07-2017 3/3 circumstance, he will pass a reasoned order after hearing the petitioner.

6.

With the aforesaid observations and directions, this writ application is disposed of.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A Uploading Date 31.07.2017 Transmission Date N/A