Mukesh Kumar Singh And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10219 of 2015 ======================================================

1. Mukesh Kumar Singh son of Sri Nagendra Singh, Resident of village and P.O. Urdina, P.S. Barun, District- Aurangabad, presently Chairman of Jankop Primary Agriculture Credit Cooperative Societies, District- Aurangabad.

2. Rakesh Kumar, son of Late Arjun Singh, Resident of village- Mehada, P.O.- Amilauna, P.S. Jamhor, District- Aurangabad, presently Chairman of Amilauna Primary Agriculture Credit Cooperative Societies, DistrictAurangabad. ... ... Petitioners

Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

2. The Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

3. The Registrar, Cooperative Societies, Bihar, Patna.

4. The Joint Registrar, Cooperative Societies, Tirhut Division, Muzaffarpur.

5. The District Magistrate, Aurangabad, District- Aurangabad.

6. The District Cooperative Officer, Aurangabad, District- Aurangabad.

7. The District Supply Officer, Aurangabad, District- Aurangabad.

8. The Circle Officer, Barun, District- Aurangabad.

9. The Circle Officer, Jamhor, District- Aurangabad.

10. The Block Cooperative Officer, Barun, District- Aurangabad.

11. The Block Cooperative Officer, Jamhor, District- Aurangabad. ... ... Respondents 1st Set

12. The Bihar State Food and Civil Supplies Corporation Ltd. Sone Bhawan, Birchand Patel Path, Patna through the Managing Director.

13. The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd. Sone Bhawan, Birchand Patel Path, Patna.

14. The District Manager, Bihar State Food and Civil Supplies Corporation, Aurangabad, District- Aurang ... ... Respondents 2nd Set ====================================================== Appearance :

For the Petitioner/s :

Mr.S.B.K. Mangalam, Advocate For the Respondent/s :

Mr.Sc27- Kinkar Kumar, SC-9 For the BSFC :

Mr.Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-02-2019 After some argument and stand taken on behalf of the Bihar State Food and Civil Supplies Corporation Ltd. (hereinafter referred to as 'the Corporation'), Mr. S.B.K. Mangalam learned counsel representing the petitioners submits

Patna High Court CWJC No.10219 of 2015(5) dt.25-02-2019 2/3 that they would submit their claim relating to the year 2014-15 before the District Magistrate, Aurangabad within a period of 30 days from today.

Learned counsel representing the Corporation submits that the District Magistrate, Aurangabad will be competent to examine the entire matter along with the evidences which may be produced on behalf of the petitioners. Leaned counsel has also placed before this Court a copy of the judgment dated 06.08.2018 passed in LPA No. 881 of 2016 in which the Hon'ble Division Bench of this Court was considering the same issues relating to payments to be made to the PACS for the paddy they had purchased and for which they had paid to the farmers on or before 31.03.2015. Learned counsel submits that the District Magistrate is obliged to look into that judgment while considering the case of the petitioners.

In the aforesaid view of the matter, this Court directs that in case the petitioners submit their claim with all supporting documents and evidences, the same shall be examined by the District Magistrate, Aurangabad and a decision thereon shall be taken within a period of 90 days from the date of submission of claim. The petitioners while submitting their claim may seek any other consequential benefits.

Patna High Court CWJC No.10219 of 2015(5) dt.25-02-2019 3/3 It is made clear that this Court has not gone into the merit of the case as the issues involved are all dispute of facts. The application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) avin/-vedU