Loharpura Primary Agricultural Cooperative Society v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19094 of 2015 ====================================================== Loharpura Primary Agricultural Co-operative Society, through its Chairman, Suresh Prasad, son of Late Vishnu Yadav, Resident of VillageChilongiya, P.S. & District- Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The District Magistrate, Nawada.

3. The Bihar State Food and Civil Supply Corporation, through its Managing Director, Bihar, Patna.

4. The District Manager, Bihar State Food and Civil Supply Corporation, Nalanda at Biharsharif.

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

6. The District Co-operative Officer, Nawada.

7. The District Supply officer, Nawada.

8. The Block Co-operative Officer, Nawada.

9. The Circle Officer, Nawada.

10. M/s Shankar Rice Mill, Jangipur, Asthawan, District- Nalanda, through its Miller.

11. The Union of india through the Secretary, Ministry of Consumer Affairs Food and Civil Supply, Krishi Bhawan, New Delhi. .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate For the State-Respondents : Mr. Md. Raisul Haque SC-4 Mr. Binay Kumar, A.C. to SC-4 For the B.S.F.C. : Mr. Shailendra Kumar Singh, Advocate For the Union of India : Mr. S.D. Sanjay, Add. S.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 16-12-2015 Heard Mr. Arbind Kumar Singh, learned counsel appearing for the petitioner, learned counsel for the State and Mr. Shailendra Kumar Singh for the Bihar State Food and Civil Supplies Corporation.

A very limited grievance has been raised by the

Patna High Court CWJC No.19094 of 2015 (2) dt.16-12-2015 petitioner to move this writ petition. The petitioner is a Cooperative Society registered under the Bihar Cooperative Societies Act and prays for an appropriate direction to the authorities of the respondent Corporation to make payment of the price of rice supplied by the petitioner.

Mr. Singh, learned counsel appearing on behalf of the petitioner with reference to a letter of the District Manager, Nalanda addressed to the District Manager, Nawada dated 04.9.2015 placed at Annexure-5 has submitted that while considering the claims advanced by the Societies, the District Manager even while rejecting the claim of the Vyapar Mandal, Nawada has accepted the claim of the petitioner Society to the extent of one lot. However, he submits that despite this position the payment has not been made.

Having heard learned counsel for the parties and considering the recommendation of the District Manager, Nalanda present at Annexure-5, the writ petition is disposed of with a direction to the District Manager, Nawada to consider the claim of the petitioner in the backdrop of the recommendation of the District Manager, Nalanda present at Annexure-5 and dispose of the same in accordance with law and in case the claim is upheld then to make payment of the lot so recommended for delivery

Patna High Court CWJC No.19094 of 2015 (2) dt.16-12-2015 within four weeks of receipt / production of a copy of the order and in case of any dispute, the same be disposed of by a speaking order, to be passed within the same period.

(Jyoti Saran, J) S.Sb/- U