Rabindra Nath Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11478 of 2012 =========================================================== Rabindra Nath Pandey, S/o Late Dudhnath Pandey, Proprietor M/S Sri New Laxmiji Modern Rice Mill, At + P.O.- Ghosia Kala, P.S.- Bikramganj, DistrictRohtas .... .... Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary, Food and Civil Supplies Department, Government of Bihar, Patna

3. The District Magistrate, Rohtas

4. The District Supply Officer, Rohtas

5. The Block Marketing Officer, Bikramganj, Rohtas

6. The Food Corporation of India through its Zonal Manager, Arunachal Bhawan, Exhibition Road, Patna

7. Godown Manager, FCI Godown, Nokha, Rohtas

8. Godown Manager, FCI Godown, Sasaram, Rohtas

9. Godown Manager, FCI Godown, Bikramganj, Rohtas

10. Area Manager, F.C.I., Gaya, District- Gaya .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Ashutosh Ranjan Pandey, Advocate Miss Priyanka Kumari, Advocate For F.C.I. : Mr. Prabhakar Tekriwal, Advocate For the State : Mr. G.P.-10 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 28-06-2016 Learned counsel for the petitioner is permitted to implead the Area Manager, F.C.I., Gaya as respondent no.10.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. The present writ petition has been filed for a direction to the respondents to make payment against paddy said to have been supplied by the petitioner as also for payment of bonus for the rice and for payment of price of gunny bags and transportation

Patna High Court CWJC No.11478 of 2012 dt.28-06-2016 2/3 charge.

4. It is submitted on behalf of the petitioner that despite being entitled to the amounts as claimed by the petitioner, payments have yet to be made.

5. Having regard to the nature of the grievances of the petitioner, this writ petition is disposed of with consent of the petitioner, granting him liberty to approach the District Magistrate, Rohtas (Respondent no.3) with regard to the claim for payment of paddy, as well as the Area Manager, F.C.I., Gaya (Respondent no.10) with regard to the claim for bonus, gunny bags and transportation charge, with fresh representations respectively for redressal of his grievances. If any such representations are filed within a period of two weeks from today, the same shall be considered and disposed of, ensuring payment to the extent found due to the petitioner, within a period of six weeks from the date of receiving the petitioner's representations.

Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioner to receive payment together with simple interest at the rate of 9% per annum on the admitted dues calculated from the date when the amount became due till the date of its actual payment. In case, the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representations shall be disposed of by a speaking order in that regard.

Patna High Court CWJC No.11478 of 2012 dt.28-06-2016 3/3

6. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) N.H./- AFR/NAFR NAFR CAV DATE N/A Uploading Date 29-06-2016 Transmission Date N/A