Upendra Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8651 of 2016 ====================================================== Upendra Sharma, S/o Late Raghunandan Sharma, Village- Majhaura, P.S.- Basopatti, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, Agriculture Department, Govt. of Bihar, Patna.

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

4. The District Magistrate, Madhubani.

5. The District Manager, Bihar State Food and Civil Supply Corporation Limited, Madhubani.

6. The District Co-operative Officer, Madhubani.

7. The District Chairman, Co-operative Bank, Madhubani.

8. The Sub-Divisional Officer, Madhubani.

9. The Deputy Collector of Land Reforms, Sadar Madhubani.

10. The Circle Inspector, Basopatti, Madhubani.

11. The Executive Assistant, State Food Corporation, Basopatti, Madhubani.

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

For the Petitioner/s : Mr. Shashi Bhushan Kumar Mr. Gagandeo Yadav Mr. Ravi Prakash Mr. Vinod Kumar For the Respondent/s : Mr. Gautam Bose, AAG-8 For the Respondent-BSFC : Mr. Aditya Prakash Sahay ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 27-06-2016 Heard Mr. Shashi Bhushan Kumar, learned counsel appearing for the petitioner, learned counsel for the State and Mr. Aditya Prakash Sahay, learned counsel appearing for the Bihar State Food and Civil Supplies Corporation (hereinafter referred to as 'the Corporation').

The petitioner happens to be the Chairman of Khauna Panchayat Primary Agriculture Credit Cooperative Society in

the district of Madhubani (hereinafter referred to as the 'PACS') and raises grievance of his member-farmers whose paddy is stated to have been supplied to 'the Corporation' under the scheme of the Government of India enforced by the State of Bihar during the Kharif Marketing Season 2014-15, inter alia, complaining that the member-farmers have not been paid their price of paddy supplied to 'the Corporation'. Mr. Kumar, learned counsel appearing for the petitioner with reference to a chart brought on record vide Annexure 5 as well as the details present at Annexure- 6 submits that the society has made supply of 281.360 metric tons of paddy to 'the Corporation' and has received price in respect of 87.760 metric tons of paddy leaving a balance of 193.600 metric tons. He submits that the petitioner has been raising his grievance before the authority concerned for payment of the balance price of paddy but getting no response hence he has moved in the present writ petition.

Having heard learned counsel for the parties and considering the nature of dispute raised I deem it fit and proper to direct the petitioner to raise his grievance on behalf of his member-farmers before the Respondent no.5 (The District Manager, Bihar State Food and Civil Supplies Corporation

Limited, Madhubani) with a copy to the Managing Director of 'the Corporation' for its consideration. The claim so raised should be accompanied with the supply details of paddy made by the individual member-farmers and which claim would be considered and disposed of by the District Manager in accordance with law after opportunity of hearing to the petitioner.

Needless to mention that in case the claim of the member-farmers of the petitioner is upheld, the same should be paid within three months from the date of raising of claim in the mode and manner so prescribed under the scheme. However, in case the claim is not upheld for any reason, it should be disposed of by a speaking order to be passed within the same period. The writ petition is accordingly disposed of. (Jyoti Saran, J) SKPathak/- U