Arun Kumar Rai And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17016 of 2016 ===========================================================

1. Arun Kumar Rai Son of Sri Bankebihari Rai

2. Binay Rai Son of Late Nand Kishore Rai

3. Jaganath Rai Son of Late Rameshwar Rai

4. Gopal Kumar @ Gopal Kumar Rai Son of Ram Raj Rai

5. Baijnath Rai Son of Ram Raj Rai

6. Krishna Rai Son of Late Ramun Rai

7. Rajendra Rai Son of Sri Balmukund Rai

8. Ramsakal Rai Son of Late Hridayanand Rai

9. Rama Shankar Rai Son of Late Jagarnath Rai

10. Munilal Bhagat Son of Radha Mohan Bhagat

11. Raja Ram Rai Son of Jagbilash Rai

12. Santosh Kumar Rai Son of Rambhaju Rai All residents of village & P.O. Bagar, P.S. Sikarahata, District - Bhojpur, Ara.

13. Jaleshwar Tiwari Son of Dudhi Tiwari resident of village - Daridih, P.O. Bagar, P.S. Sikarahata, District - Bhojpur, Ara.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Food & Consumer Protection Department, Government of Bihar, Patna.

2. The Principal Secretary, Co-operative Department, Government of Bihar, Patna.

3. The Managing Director, Bihar State Food & Civil Supply Corporation Limited, Bihar, Patna.

4. The District Magistrate, Bhojpur, Ara.

5. The District Co-operative Officer, Bhojpur, Ara.

6. The Sub-Divisional Officer, Piro, Bhojpur, Ara.

7. The Circle Officer, Tarari, Bhojpur, Ara.

8. Mr. Ajay Kumar, Son of late Golakh Rai, Resident of Village Bagar, Post Bagar, P.S. Sikarahata, Dist. Bhojpur, the then Chairman, Bagar PACS, Bhojpur, Ara.

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

For the Petitioner/s : Mr. Rohit Mishra, Adv. For the BSFC : Mr. Shailendra Kumar Singh, Adv. For the Respondent/s : Smt. Namrata Mishra- GA6 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 08-08-2017 I.A. No. 1785 of 2017 In the present Interlocutory Application, a prayer has

Patna High Court CWJC No.17016 of 2016 dt.08-08-2017 been made to implead Mr. Ajay Kumar, Son of late Golakh Rai, Resident of Village Bagar, Post Bagar, P.S. Sikarahata, Dist. Bhojpur, the then Chairman, Bagar PACS, Bhojpur, Ara as party respondent no.8 to this writ application.

Prayer is allowed.

Accordingly, the I.A. No. 1785 of 2017 stands disposed of.

In the present case, the petitioners have raised a grievance that they, as per scheme of the Government, have supplied paddy to the Bagar PACS but, payment has not been made by the said PACS.

Learned counsel for the B.S.F.C. has submitted that the PACS is a cooperative society and there is a forum prescribed to raise such grievance before the Registrar, Cooperative and, as such, the present writ application is not maintainable. In such view of the matter, let the petitioners approach to the Registrar, Cooperative to raise their grievance and the Registrar is supposed to see the grievance of the petitioners and pass an order in accordance with law.

If the petitioners file their respective application before the Registrar, Cooperative, he is supposed to dispose of the same within a period of six months from the date of receipt/production of a

Patna High Court CWJC No.17016 of 2016 dt.08-08-2017 copy of this order.

With the aforementioned observation and direction, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.08.2017 Transmission Date NA