Hardiya Primary Agriculture Credit Society v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.13 of 2016 Arising out of Civil Writ Jurisdiction Case No. 11746 of 2015 ===========================================================
1. Hardiya Primary Agriculture Credit Society through its Chairman namely Satyendra Singh S/o Late Devendra Prasad Singh R/o Vill - Hardiya, PO - Jignadubey via Bhore, PS - Bhore, District - Gopalganj. .... .... Appellant
Versus
1. The State of Bihar through the Principal Secretary, Food & Consumer Protection Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Cooperative Department, Govt. of Bihar, Patna.
3. The Managing Director, the Bihar State Food and Civil Supply Corporation Ltd., Bihar at Patna.
4. The District Magistrate, Gopaganj.
5. The District Cooperative Officer, Gopalganj.
6. The Circle Officer, Kateya, District - Gopalganj.
7. The Ministry of Consumer Affairs, Food & Civil Supply, Govt. of India through the Secretary.
8. Ameya Primary Agricultural Cooperative Societies through its Chairman, Vikash Tiwary son of Sri Rameshwar Tiwary resident of village - Ameya, Post - Mahuwa, PS - Kateya, District - Gopalganj.
.... .... Respondents with =========================================================== Letters Patent Appeal No. 16 of 2016 Arising out of Civil Writ Jurisdiction Case No. 11746 of 2015 ===========================================================
1. Balvan Sagar Primary Agriculture Credit Society through its Chairman namely Rajni Kant Shukla S/o Sri Shashi Shukla R/o Vill + PO - Balvan Sagar, PS - Biswambharpur, Dist - Gopalganj.
.... .... Appellant
Versus
1. The State of Bihar through the Principal Secretary, Food & Consumer Protection Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Cooperative Department, Govt. of Bihar, Patna.
3. The Managing Director, Bihar State Food & Civil Supplies Corporation Limited, Bihar, Patna.
4. The District Magistrate, Gopalganj.
5. The District Cooperative Officer, Gopalganj.
6. The Circle Officer, Kateya, District - Gopalganj.
7. The Ministry of Consumer Affairs, Food & Civil Supply, Govt. of India through the Secretary.
8. Ameya Praimary Agricultural Cooperative Societies through its Chairman, Vikash Tiwary son of Sri Rameshwar Tiwary resident of village - Ameya, Post - Mahuwa, PS - Kateya, District - Gopalganj.
.... .... Respondents with =========================================================== Letters Patent Appeal No. 27 of 2016 Arising out of Civil Writ Jurisdiction Case No. 11746 of 2015 ===========================================================
1. Dhodhwalia Primary Agriculture Credit Society through its Chairman namely Ashok Pandey S/o Late Balister Pandey R/o Vill - Phulwari, PO - Narhawa, PS - Kuchaikot, Dist - Gopalganj.
.... .... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Food & Consumer Protection Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Cooperative Department, Govt. of Bihar, Patna.
3. The Managing Director, Bihar State Food & Civil Supplies Corporation Limited, Bihar, Patna.
4. The District Magistrate, Gopalganj.
5. The District Cooperative Officer, Gopalganj.
6. The Circle Officer, Kateya, District - Gopalganj.
7. The Ministry of Consumer Affairs, Food & Civil Supply, Govt. of India through the Secretary.
.... .... Respondents =========================================================== Appearance :
(In all the LPAs ) For the Appellant/s : Mr. Chakrapani, Advocate Mr. Sanjay Kumar Singh, Advocate For the Union of India : Mr. S.D.Sanjay, Adl. Sol. Gen. For the Respondent State: Mr. Kinkar Kumar, SC 9 =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 22-11-2016
The appellants are aggrieved by the order dated 14th of October, 2015 passed by the learned Single Bench of this Court in C.W.J.C No. 11746 of 2015 and other connected writ petitions, whereby the writ petitions said to be filed by similarly situated writ petitioners were allowed but the relief was limited to only four writ petitioners. The present appellants have preferred the appeals against the said orders for the reasons that the said order should also be applicable to the appellants as the condition of cut-off date is arbitrary. Since the issues raised in all these appeals are common, therefore, taken up for decision by a common order. But for facility of reference, the facts are taken from LPA 13 of 2016 (Hardiya Primary Agriculture Credit Society through its Chairman namely Satyendra Singh Vs. The State of Bihar through the Principal Secretary, Food & Consumer Protection Department, Govt. of Bihar, Patna and others).
Heard learned counsel for the parties.
The appellant is an Agricultural Credit Cooperative Societies and claims to have procured paddy during the Kharif Season 2014-15. The District Magistrate, Gopalganj vide Communication dated 19th May, 2015 intimated to the Bihar State Food and Civil Supplies Corporation Limited that there is nil stock of paddy in the Primary Agriculture Credit Cooperative Societies in the district of Gopalganj as on 31st of March, 2015. The appellants rely upon the verification of the
stock done by the Deputy Collector Land Reforms as authorized by the District Magistrate who has reported that 500 quintals of paddy are lying with the appellant Society. Subsequently on 22.5.2015 the District Cooperative Officer, Gopalganj also made a report that there was 500 quintal of paddy lying with the appellants Society but the District Magistrate informed the Bihar State Food & Civil Supplies Corporation that not even a quintal of paddy was found in any Primary Agriculture Society in the district of Gopalganj, thus the report of the Deputy Collector Land Reforms and that of District Cooperative Officer cannot be accepted in view of the report of the District Magistrate that there was no stock. The appellants invoked the jurisdiction of this Court claiming the same relief as has been granted by the learned Single Bench in the impugned order under appeal.
Learned Single Bench in the writ application filed by the other Societies noticed that there is cut-off date for delivery of paddy to the Rice Mill that is 31st March, 2015 though it was subsequently extended to 31st August, 2015 by the Government of India. The Court held that the relief is restricted to those Societies who have invoked the writ jurisdiction of the Court before the cutoff date. The Court held as under:- "In so far as the present batch of writ petitions are concerned the cut-off date is not a relevant factor since all these petitioners have moved this Court within
the cut-off date. The issue which falls for consideration is whether the stock of these petitioners against which disposal is claimed is supported with valid document and if the answer is in affirmative then whether they should be granted the reliefs prayed, notwithstanding that the date has lapsed.
xxxx xxxx Although the claim put forth by the society is now sought to scuttled on the grounds that the cut-off date so fixed by the Union of India i.e. 31.8.2015 has since lapsed but in my opinion once the records supports that the paddy was purchased within the cut-off date fixed for the Kharif Marketing Seasons 2014-15 i.e. 31.3.2015 and the petitioners have approached this Court within the cut-off date so fixed under the Government of India policy i.e. 31.8.2015 then a mere pendency of these matters before this Court would not act prejudicial to their rights and interests.
Once the purchase is supported by the enforcement certificate then the stock so remaining with the society whether in paddy form or in "CMR" has to be accepted by the Corporation and its delivery taken and correspondingly the Union of India in its Ministry of Consumer Affairs cannot shirk from its responsibility to provide funds for such purchase. The only rider to such conclusion is that the society concerned should have approached this Court within a reasonable time and before the cut-off date i.e. 31.8.2015. The petitioners herein have admittedly filed the writ petitions much before the cut-off date and thus are entitled to the reliefs prayed.
accepted by „the Corporation‟ and for which funds have to be provided by the Union of India in its Ministry of Consumer Affairs. In result, the State Food Corporation and the Union of India in its Ministry of Consumer Affairs are directed to accept the paddy/CMR so available in the stock of the writ petitioners the details of which have been given above and ensure payment of its price as found admissible. The „CMR‟ would be delivered by the petitioner-societies without any delay and in so far as the balance stock of paddy is concerned, the writ petitioner in CWJC No.11746 of 2015, CWJC No.11861 of 2015 and CWJC No.11865 of 2015 would get it milled and make the proportionate supply of the „CMR‟ produced therefrom within a fortnight from today.
These writ petitions are accordingly allowed." In view of the above, the relief sought for by the appellants cannot be granted as the appellants invoked the jurisdiction of this Court by filing the present appeal after the cut-off date. The reasoning given by the learned Single Bench is based upon reason and the policy of procurement. The claim is that 500 quintals paddy were found in the in the stock of the appellant. Such assertion is not referred by the report of the District Magistrate dated 19.5.2015 that there is no stock of paddy in the Primary Agriculture Credit Society. We find that such stock of 500 quintals of paddy cannot be accepted after the alleged cut-off date and after the next Kharif Season had started.
In view of the above, we do not find any reason to entertain the Letters Patent Appeals. The Letters Patent Appeals are, therefore, dismissed.
(Hemant Gupta, ACJ) (Vikash Jain, J) A.I./- AFR/NAFR N.A.F.R.
CAV DATE NA Uploading Date 03.12.2016 Transmission Date