Parmanandpur Primary Agriculture Credit Societies And ORS. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2261 of 2016 In Civil Writ Jurisdiction Case No. 13270 of 2015 ======================================================

1. Parmanandpur Primary Agriculture Credit Societies, Block Basantpur, Supaul, through its Proprietor Uday Prakash Mehta S/o Late Kamleshwari Mehta Resident of Village - Goshpur Patti, P.S. - Birpur, District - Supaul.

2. Banaili Patti Primary Agriculture Credit Societies, Block Basantpur, Supaul, through its Chairman, Ganesh Prasad Yadav S/o Late Bokai Yadav Resident of Village - Kamath Arazi, P.S. - Birpur, District - Supaul.

3. Balbhadrapur Primary Agriculture Credit Societies, Block Basantpur, through its Chairman Soukat Ali S/o Late Nazir Hussain Resident of Village - Lalpur Got, P.S. - Birpur, District - Supaul.

4. Bhimnagar Vyapar Mandal, Block Basantpur, Supaul through its Chairman Sri Lal Gothia S/o Adhik Lal Gothia Resident of Hridyanagar, P.S. Birpur, District - Supaul.

5. Kushhar Primary Agriculture Credit Societies, Block Basantpur, Supaul, through its Chairman Mithilesh Kumar Yadav S/o Late Devendra Prasad Yadav Resident of Village - Kushhar, P.S. - Ballua Bazar, District - Supaul.

6. Ratanpur Primary Agriculture Credit Societies, Block - Basantpur Supaul, through its Chairman Jageshwar Mehta S/o Late Devi Lal Mehta Resident of Village - Ratanpur, P.S. - Ratanpur, District - Supaul.

7. Dinbandhi Primary Agriculture Credit Socieities, Block Basantpur, Supaul through its Chairman Bihari Mukhiya S/o Late Santosh Mukhiya Resident of Taraiya, P.S. - Birpur, District - Supaul.

8. Bishanpur Shivram Primary Agriculture Credit Societies, Block Basantpur, Supaul, through its Chairman, Shankar Ram S/o Bhola Ram Resident of Village - Bishanpur Choudhary, P.S. - Ballua Bazar, District - Supaul.

9. Basantpur Primary Agriculture Credit Societies, Block Basantpur, Supaul, through its Chairman Anil Kumar Khedwar S/o Sri Deonarayan Khedwar Resident of Village Basantpur, P.S. - Birpur, District - Supaul.

10. Hridyanagar Primary Agriculture Credit Societies, Block Basantpur, Supaul through its Chairman Ashok Kumar Gupta S/o Late Ram Narayan Gupta Resident of Hridyanagar, P.S. Birpur, District - Supaul.

11. Bhagwanpur Primary Agriculture Credit Socieites, Block Basantpur, Supaul, through its Proprietor Shambhu Narayan Yadav S/o Late Dahu Yadav Resident of Village - Samda, P.S. - Ratanpur, District - Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna, namely Sri Anjani Kumar Singh, IAS.

2. The District Magistrate, Supaul namely Sri Baidyanath Yadav.

3. The Bihar State Food and Civil Supply Corporation, through its Managing Director, Bihar, Patna namely Sri Ganga Kumar.

4. The District Manager, Bihar State Food and Civil Supply Corporation, Supaul namely Sri Ashok Kumar Nidhi.

5. The District Co-operative Officer, Supaul namely Sri Kumar Ahant Rakshit.

Patna High Court MJC No.2261 of 2016 (5) dt.08-03-2017 2/3

6. The District Supply Officer, Supaul namely Sri Vijay Kumar, The Block Co-operative Officer, Basantpur, Supaul, namely not known.

7. The Circle Officer, Basantpur, Supaul namely not known. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Upadhyaya, Adv. For the Respondent/s : Mr. M.K. Sinha, SC 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 08-03-2017 Heard learned counsel for the parties.

This application has been filed for initiating contempt proceeding against the authorities of the corporation inter alia on grounds of disobedience of the judgment and order passed in C.W.J.C.No.13270 of 2015 in so far as the order requires the opening of the locks by the Corporation.

Whereas according to the petitioner, the locks on the godown of the petitioners has been put by the authorities of the Corporation, this stand has been disputed by the respondents in their show cause. The stand of the Corporation that they have not put any lock on the godown of the petitioners, is confirmed from the letter of the District Manager present at Annexure-3 series and Annexure-8 series to the supplementary affidavit. It is in consideration of this disputed stand that this Court while disposing of the writ petition had give a direction to the authorities of the Corporation to open the locks of the godown(s)

Patna High Court MJC No.2261 of 2016 (5) dt.08-03-2017 3/3 in question, in case it was put by them. While on one hand the petitioners have come complaining that the locks have not been opened by the authorities of the Corporation, on the other hand, show cause is filed saying that the locks were never put by the Corporation.

In such contested nature of dispute, no case for contempt is made out. This application is disposed of accordingly. (Jyoti Saran, J) Bibhash/- U