Adarsh Agarwala v. The Bihar State Food And Civil Supplies Corporation Through Its Managing Director And ORS

Patna High Court CWJC No.14341 of 2017 dt.26-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14341 of 2017 =========================================================== Adarsh Agarwala, Son of Sri Dilip Kumar Agrawal, Resident of Salmari, P.S.- Azamnagar, District- Katihar, Proprietor of M/s Sanwariya Agrotech Salmari, Katihar.

.... .... Petitioner/s

Versus

1. The Bihar State Food & Civil Supplies Corporation Through Its Managing Director, Head Office, Patna.

2. The Chief of Finance, Bihar State Food & Civil Supplies Corporation, Head Office, Patna.

3. The District Manager, Bihar State Food & Civil Supplies Corporation, Katihar.

4. The District Manager, Bihar State Food & Civil Supplies Corporation, Kishanganj.

5. Managing Director, Bihar State Food & Civil Supplies Corporation, Head Office, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Prashant Sinha For the Respondent/s : Mr. Shailendra Kumar Singh =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 26-02-2018 Heard learned counsel for the petitioner and learned Counsel for the respondents.

2. As prayed, learned counsel for the petitioner is permitted to add the Managing Director, Bihar State Food & Civil Supplies Corporation, Patna as respondent no. 5 in course of the day.

3. The present writ petition has been taken up out of turn on the request of learned counsel for the petitioner for disposal of the same with a direction to the respondents to pay the admitted dues of the petitioner.

4. Learned counsel for the petitioner submits that the District Manager, Katihar as well as the District Manager, Kishanganj have already forwarded the bills of the petitioner to the B.S.F.C., Patna and as such the dues in question are admitted, but the same have yet to be paid.

Patna High Court CWJC No.14341 of 2017 dt.26-02-2018

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

6. Having regard to the nature of the grievances of the petitioner and with the consent of the parties this writ petition is disposed of, granting liberty to the petitioner to approach the Managing Director, Bihar State Food & Civil Supplies Corporation, Patna (Respondent No. 5) with a fresh representation for redressal of his grievances. If any such representation is filed within a period of two 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 27.02.2018 Transmission Date NA