M/S Ram Raj Rice Mill v. The Bihar State Food And Civil Supplies Corporation Limited And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11601 of 2017 ======================================================== M/s Ram Raj Rice Mill, Shitalpur, Chapra, Saran, P.O. Shitalpur, P.S. Dighwara, District Saran at Chapra through its authorised representative, Prashant Kumar son of Shri Om Prakash Sah Resident of Village Shitalpur, Chapra, Saran, P.O. Shitalpur, P.S. Dighwara, District Saran at Chapra.

.... .... Petitioner/s

Versus

1. The Bihar State Food and Civil Supplies Corporation Limited, Khadya Bhawan, Daroga Rai Path, R - Block, Road No. 2, Patna - 800001 through its Managing Director.

2. The Chief of Finance, Bihar State Food and Civil Supplies Corporation Limited, Khadya Bhawan, Daroga Rai Path, R - Block, Road No. 2, Patna - 800001.

3. The Chief of Procurement, Bihar State Food and Civil Supplies Corporation Limited, Khadya Bhawan, Daroga Rai Path, R-Block, Road No. 2, Patna - 800001.

4. The District Manager, Bihar State Food and Civil Supplies Corporation Limited, District Saran at Chapra.

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

For the Petitioner/s : Mr. Suraj Samdarshi, Adv For the Respondent/s : Mr. Shailendra Kumar Singh, Adv ======================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 03-04-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. This matter has been taken up out of turn on the request of learned counsel for the petitioner for payment of its outstanding dues.

3. The present writ petition has been filed for a

direction to the respondent authorities to make payment of outstanding dues amounting to Rs. 15,68,380.00 deducted from the bills of the petitioner against price of gunny bags, along with admissible interest thereon.

4. Learned counsel for the petitioner submits that despite having completed the contract work of milling for the kharif marketing season 2014-15, an amount of Rs. 15,68,380.00 remains outstanding against price of gunny bags which is also not in dispute in view of the letter dated 17.01.2015 issued by the District Manager, BSFC, District Saran at Chapra (Annexure-3).

5. Learned counsel for the Corporation appears and has been heard.

6. Having regard to the nature of the grievances of the petitioner, this writ petition is disposed of, granting liberty to the petitioner to approach the Managing Director, Khadya Bhawan, Daroga Rai Path, R - Block, Road No. 2, Patna - 800001 (Respondent No. 1) with a fresh representation for redressal of its grievances. If any such representation is filed within a period of four weeks from today, the same shall be considered and disposed of, ensuring payment to the extent found due to the petitioner, within a period of six weeks from the date of receiving the petitioner's representation. Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioner to receive payment together

with simple interest at the rate of 6% per annum on the admitted dues calculated from the date when the amount became due till the date of its actual payment. In case the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be disposed of by a speaking order in that regard.

7. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 16.04.2018 Transmission Date NA