Akodha Pacs, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1930 of 2021 ====================================================== Akodha PACS, through the Chairman, Manoj Kumar Singh, Male, aged about 45 years, Son of Late Bashishth Singh, Resident of Village Maruan, Gram Panchayat- Akodha, Police Station- Dinara, District- Rohtas (Sasaram). ... ... Petitioner/s

Versus

1.

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

2.

The Registrar, Co-operative Department, Government of Bihar, Patna. 3.

The Bihar State Food and Civil Supplies Corporation through its Managing Director, B.S.F.C.S.C., Patna.

4.

The General Manager, Procurement Corporation, Main Office, Patna. 5.

The District Magistrate, Rohtas (Sasaram).

6.

District Manager, Bihar State Food and Civil Supplies Corporation Limited, District- Rohtas (Sasaram).

7.

District Co-operative Officer, District- Rohtas (Sasaram). 8.

Managing Director, The Sasaram-Bhabhua Central Co-operative Bank Limited, Sasaram.

9.

Branch Manager, The Sasaram-Bhabhua Central Co-operative Bank Limited, Rohtas.

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

For the Petitioner/s :

Mr.Saroj Kumar For the State :

Mr. Alok Ranjan, AC to AAG 5 For the BSFC :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-07-2021 Heard learned Counsel for the parties cocnerned. The petitioner has filed this writ application for the following reliefs:- "(i) For a direction to the respondents to make available payment of admitted due amount Rs. 71936/- contained in Annexure 4 to 6 for the wheat procurement year 2018-19 with statutory delayed

Patna High Court CWJC No.1930 of 2021(3) dt.24-07-2021 2/3 interest from July, 2018 to till date which is due as the miscellaneous expenses (Lifting, uplifting, bag, weight and other charge) provided by the Government Rs. 47 per Quintal to every PACS.

(ii) And also to compensate the petitioner for harness and miscellaneous expenses for his admitted dues amount for no fault on the part of him. (iii) For any other relief/reliefs to which petitioner is found entitled to in the facts and circumstances of the case."

Learned Counsel for the petitioner submits that the respondent-Bihar State Food and Civil Supplies Corporation (BSFC) is not paying the admitted dues to the petitioner amounting to rs. 71,936/-, as contained in Annexures 4 to 6, with applicable delayed interest.

Learned Counsel for the BSFC submits that interest of justice would be subserved if the petitioner is directed to file a fresh representation, along with supporting documents, before the respondent no. 3, the Managing Director, BSFC, Patna. In view of the above submissions and after carefully gone through the materials available on record, the petitioner is directed to file a fresh representation before the respondent no. 3, along with the supporting documents, within a period of four weeks from today and if such a representation is filed by the

Patna High Court CWJC No.1930 of 2021(3) dt.24-07-2021 3/3 petitioner within the aforesaid period of four weeks, the respondent no. 3 is further directed to dispose of the said representation within a period of three months from the date of filing of the representation by a speaking order in accordance with law.

Needless to say that if any amount is found payable to the petitioner, the same shall be paid to the petitioner within a period of one month from the date of disposal of the representation of the petitioner by the respondent no. 3. This writ application is disposed of with the aforesaid observations and directions.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √