Anuj Kumar Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12439 of 2015 ===========================================================

1. Anuj Kumar Gupta (Proprietor of Anmol Rice Udyog, Sanichari) Son of Yamuna Prasad Gupta Resident Sheopuri Colony, P.S. - Bettiah (Town), District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Managing Director, Bihar State Food & Civil Supplies Corporation Ltd., Sone Bhawan, Virchand Patel Path, Patna.

3. The District Manager, Bihar State Food & Civil Supplies Corporation Ltd., Bettiah, West Champaran.

4. The D.M.-cum-Collector, Bettiah, West Champaran. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the B.S.F.C. : Mr. Shailendra Kumar Singh, Advocate For the State : Mr. Amaresh Kumar Sinha, AC to GA 1 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 04-02-2017 Heard learned counsel for the petitioner and learned counsel for the State as well as Bihar State Food & Civil Supplies Corporation.

In the present writ petition, petitioner is claiming the mount of Rs. 5,93,089.97 along with interest. Petitioner is a Miller and received paddy under the agreement for the purposes of milling, handling and transportation. There is no dispute that petitioner has already supplied proportionate custom milled rice but he has not been given the charges of milling, handling and transportation which comes to the aforesaid amount.

The aforesaid amount has been verified and approved by

Patna High Court CWJC No.12439 of 2015 dt.04-02-2017 the District Manager, Bihar State Food & Civil Supplies Corporation, Bettiah which is clear from Annexure-3 where the amount has been shown to Rs.5,84,807.97. This approval has been sent to the headquarter vide letter dated 11.5.2015 but petitioner is moving around without any success. When the petitioner has performed the aforesaid job for the benefit of the Corporation, the Corporation was obliged to pay the amount as approved by the authority concerned. But even after giving legal notice no response has been received by the petitioner. In such view of the matter, Managing Director , Bihar State Food & Civil Supplies Corporation is directed to examine the case of the petitioner within two months and pay the amount as has been claimed by the petitioner, if there is no dispute on the aforesaid amount If matter is not decided within a period of two months from the date of receipt/production of a copy of this order the money will carry 10% interest.

With the aforesaid observation and direction this application is disposed of Vinay/- (Shivaji Pandey, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 7.2.2017 Transmission Date NA