Valmiki Choudhary And ORS v. The Food And Consumer Protection Department Through The Principal Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7638 of 2018 ===========================================================

1. Valmiki Choudhary, S/o Late Rambhushra Choudhary, R/o Village- Diliyan, P.O.- Masaudhi, P.S.- Jagdishpur, District- Bhojpur.

2. Hari Kishore Singh, S/o Late Ram Swarup Singh, R/o Village- Siaruan, P.S.- Jagdishpur, District- Bhojpur.

3. Ram Prasad Singh, S/o Ram Ashish Singh, R/o Village & P.S.- Pandura Rampur, P.S.- Sandesh, District- Bhojpur.

4. Pappu Singh, S/o Ranvijay Singh, R/o Village & P.O.- Badgaon, P.S.- Azimabad, District- Bhojpur.

5. Rakesh Kumar Pandey, S/o Late Madan Pandey, R/o Village & P.O.- Posvan, P.S.- Agiaanv, District- Bhojpur.

6. Sunil Singh, S/o Lallan Singh, R/o Village- Rasauli, P.O.- Naunar, P.S.- Piro, District- Bhojpur (Ara).

7. Dev Kishore Singh, S/o Lallan Singh, R/o Village & P.O.- Jaguaon, P.S.- Sandesh, District- Bhojpur.

8. Bijendra Mishra, S/o Late Radha Mishra, R/o Village & P.O.- Kateyan, P.S.- Bihiyan, District- Bhojpur.

.... .... Petitioners

Versus

1. The Food and Consumer Protection Department through the Principal Secretary, Bihar at Patna.

2. The State of Bihar through District Magistrate, District- Bhojpur at Ara.

3. The Bihar State Food and Civil Supplies Corporation Limited through its M.D., Bihar at Patna.

4. The Chief General Manager (Procurement), Bihar State Food and Civil Supplies Corporation Limited, Bihar at Patna.

5. The Chairman-cum-District Magistrate, Bhojpur at Ara.

6. The Additional Collector, Bhojpur at Ara.

7. The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Bhojpur (Ara), District- Bhojpur (Ara). .... .... Respondents =========================================================== Appearance :

For the Petitioners : Mr. Sumeet Kumar Singh, Advocate. For the Respondents : Mr. Arvind Ujjwal, SC-4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 07-05-2018 Heard learned counsel for the petitioners and learned counsel for the respondents.

2. This matter has been taken up out of turn on the request of learned counsel for the petitioners for payment of their outstanding dues and the petitioners sought for following reliefs - "I. That the present writ application is being filed in the nature of Mandamus for a direction to the Managing Director, B.S.F.C., Chief General Manager (Procurement), respondent no. 4 and the District Manager, B.S.F.C., Bhojpur at Ara for making payment to the PACS (8 petitioenrs) in the light of Annexure-9 Series i.e. Parasiya PACS which has not been paid total Rs. 17,12,905.9, Parura PACS has not been paid i.e. Rs. 8,76,363.84, Ciarua PACS has not been paid i.e. Rs. 47,28,002.24, Katiya PACS has not been paid i.e. Rs. 38,85,781.68, Poswa PACS has not been paid i.e. Rs. 27,92,227.68 Bargaon PACS has not been paid for Rs. 37, 82,401.

92, Sukhrauli PACS has not been paid for Rs. 67,78,110.24, Jamuaon PACS has not been paid of Rs. 20,88,599.

II. That the present writ application is being filed in the nature of Mandamus for a direction to the Managing Director, B.S.F.C., Chief General Manager (Procurement), respondent no. 4 and the District Maanger, B.S.F.C. Bhojpur at Ara for making the payment to the PACS in the light of Annexure-9 Series with 11% interest from the date of dues as the PACS is paying the same interest to the Co- Operative Bank from the date of payment of release of money to the farmers;

III. And for issuance of any other relief or relief(s) for which

the petitioners are entitled for."

3. Learned counsel for the petitioner submits that despite having completed the milling work and supply of rice for the year 2016-17, an amount of Rs. 17,12,905.92, Rs. 8,76,363.84, Rs. 47,28,002.24, Rs. 38,85,781.68, Rs. 27,92,227.68, Rs. 37,82,401.92, Rs. 67,78,110.24, Rs. 20,88,599.04 remains outstanding for payment.

4. Learned counsel for the respondents appears and has been heard.

5. Having regard to the nature of the grievances of the petitioners and with consent of the parties, this writ petition is disposed of, granting liberty to the petitioners to approach the Managing Director, Bihar State Food and Civil Supplies Corporation Limited, Bihar, Patna (Respondent No. 3) with a fresh representation for redressal of their grievances. If any such representation is 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 petitioners, within a period of six weeks from the date of receiving the petitioners' representation. Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioners to receive payment together with simple interest at the rate of 6% 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 petitioners' claim is found inadmissible, whether in whole or in part,

the petitioners' representation shall be disposed of by a speaking order in that regard.

6. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioners. (Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 14.05.2018 Transmission Date N.A.