Ram Ashish Rai @ Ramashish Ray, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16738 of 2021 ====================================================== Ram Ashish Rai @ Ramashish Ray, Sono f Late Mahadev Ray, Resident of Village-Vrindavan Tola, Parsouni, Sitalpur P.S.-Chakia East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Sugar Cane Development Department, Govt. of Bihar, Patna.

2.

The Cane Commissioner Sugar Cane Development Department, Govt. of Bihar, Patna.

3.

The Collector, Gopalganj.

4.

The Cane Officer, State of Bihar, Gopalganj.

5.

The Manager, Sasa Musa Sugar Works Pvt. Ltd. Sasa Musa, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prateek Tandon, Advocate For the Respondent/s :

Mr. Suresh Kumar, AC to Ex GP 1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 18-08-2022 Petitioner has prayed for the following relief(s): "For issuance of an appropriate, writ, order or direction commanding the respondents to pay the amount of Rs.2,19,458/- which is due against the sold/supplied cane by the petitioner for crushing season 2018-19 to the respondent no. 5."

Patna High Court CWJC No.16738 of 2021 dt.18-08-2022 2/3 Petitioner is a farmer who has supplied agricultural produce to respondent No. 5.

In response to the petition, the respondent Nos. 1, 2 and 4 have filed their affidavit inter alia admitting the petitioner's claim as also agreeing to disburse the amount without delay. The relevant portion of the affidavit is extracted as hereunder:

"8. That the answering respondents humbly submit that the respondents i.e. Cane Industry Department, Government of Bihar has taken all statutory steps for the realization of the outstanding amount payable to cane growers. That as soon as fund may be available from the Sugar Mill by selling its property, the outstanding amount of such cane growers, including this writ petitioner shall be paid without any further delay."

In this view of the matter, petition is disposed of with the direction to the respondents to immediately pay the amount to the petitioner now due and payable to the petitioner with its realization from respondent No. 5, namely The Manager, Sasa Musa Sugar Works Pvt. Ltd. Sasa Musa, Gopalganj.

Patna High Court CWJC No.16738 of 2021 dt.18-08-2022 3/3 Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS AFR/NAFR CAV DATE Uploading Date 22.08.2022 Transmission Date