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Patna High CourtCWJC/16757/2017disposed

Birendra Pratap Singh v. The State Of Bihar And ORS

2018-01-18Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16757 of 2017 =========================================================== Birendra Pratap Singh, Son of Krishna Kumar Singh, Resident of villageWajidpur, P.S.- Aamas, District- Gaya. .... .... Petitioner

Versus

1. The State of Bihar through the District Magistrate, Gaya, District- Gaya.

2. The Bihar State Food and Civil Supplies Corporation Ltd. through its Managing Director, office at 5th Floor, Indira Bhawan, Ram Charitra Singh Path, Sri Krishna Puri, Patna, Bihar- 800001.

3. The Managing Director, The Bihar State Food and Civil Supplies Corporation Ltd., office at 5th Floor, Indira Bhawan, Ram Charitra Singh Path, Sri Krishna Puri, Patna, Bihar- 800001.

4. The Chief of Finance, The Bihar State Food and Civil Supplies Corporation Ltd., office at 5th Floor, Indira Bhawan, Ram Charitra Singh Path, Sri Krishna Puri, Patna, Bihar- 800001.

5. The District Manager, the Bihar State Food and Civil Supplies Corporation Ltd., Gaya, District- Gaya.

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

For the Petitioner : Mr. Sumeet Kumar Singh Mr. Satyendra Pd. Singh, Advocates For the Respondents : Mr. Arbind Ujjawal, SC4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 18-01-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. 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.

3. Learned counsel for the petitioner submits that despite

Patna High Court CWJC No.16757 of 2017 dt.18-01-2018 2/3 having done the work of transportation, handling and milling pursuant to the agreement with the respondent-Bihar State Food and Civil Supplies Corporation Limited(for short, "Corporation" ), the petitioner has not been paid his dues which are the admitted dues to the tune of Rs. 10,20,623/-.

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

5. Having regard to the nature of the grievances of the petitioner and with consent of the parties, this writ petition is disposed of, granting liberty to the petitioner to approach the District Manager, the Bihar State Food and Civil Supplies Corporation Ltd., Gaya, (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

Patna High Court CWJC No.16757 of 2017 dt.18-01-2018 3/3 in that regard.

6. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 23.01.2018 Transmission Date N.A.