M/S Frontline (Ncr) Business Solution Pvt. Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15379 of 2019 ============================================== M/s Frontline (NCR) Business Solution Pvt. Ltd. 301, 3rd Floor , Patna Super Market, Fraser Road, P.O. G.P.O. Town and District- Patna through its General Manager Rakesh Kumar Singh, Son of Sri Gautam Singh, Resident of Defense Colony, Shahpur, P.O. Danapur Cantt, P.S. Danapur, District- Patna.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food and Civil Supply, Govt. of Bihar, New Secretariat, Patna- 800015 2.

The Principal Secretary, Department of Food and Civil Supply, Govt. of Bihar, New Secretariat, Patna- 800015 3.

The Managing Director, Bihar State Food and Civil Supplies Corporation Limited, Khadya Bhawan, Daroga Rai Path, R-Block, Road No. 2, Patna800001 4.

The Chief Administration, Bihar State Food and Civil Supplies Corporation Limited, Khadya Bhawan, Daroga Rai Path, R-Block, Road No. 2, Patna- 800001 5.

The General Manager, Bihar State Food and Civil Supplies Corporation Limited, Khadya Bhawan, Daroga Rai Path, R-Block, Road No. 2, Patna800001 6.

The Deputy General Manager, Administration, Bihar State Food and Civil Supplies Corporation Limited, Khadya Bhawan, Daroga Rai Path, RBlock, Road No. 2, Patna- 800001 7.

District Manager, Bihar State Food and Civil Supplies Corporation Limited, Khadya Bhawan, Daroga Rai Path, R-Block, Road No. 2, Patna800001 8.

The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Madhubani.

9.

The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Darbhanga.

10. The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Gaya.

11. The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Kaimur.

12. The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Nalanda.

13. The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Buxar.

2/4

14. The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Bhagalpur.

... ... Respondents ============================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Chaudhary Mr.Ram Kumar Singh For the Respondent/s :

Mr.Arvind Ujjwal (Sc4) For the B.S.F.C :

Mr. Shailendra Kumar Singh ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-07-2020 Heard Mr. Ashok Kumar Chaudhary, learned counsel for the petitioner, Mr. Shailendra Kumar Singh, learned counsel for the respondent / B.S.F.C. and Mr. Arvind Ujjwal, standing counsel no. 4 for the State. The petitioner has approached this Court for a direction to the respondents to pay its dues which the company has incurred as a concessionaire of the respondent/ B.S.F.C.

It has been submitted on behalf of the petitioner that despite several representations to the authorities concerned, no heed has been paid on such demand which is due and which the company is required to be paid. As opposed to the aforesaid contentions, Mr. Shailendra Kumar Singh, learned counsel for the B.S.F.C.

3/4 has informed this Court that whatever amount is due to the petitioner has already been paid. However, no affidavit in support of that statement has been brought on record as today is the first day when the matter has been posted for hearing on video conference.

This Court therefore deems it appropriate to direct the petitioner, under the circumstances, to make a detailed representation before the respondent no. 3 (the Managing Director, Bihar State Food and Civil Supplies Corporation Limited) charting out the amount of money under specific heads which the company is required to be paid for the services rendered by it within a period of six weeks.

The respondent no. 3, on receipt of the aforesaid representation, shall verify the facts and shall pass necessary orders in accordance with law. If it is found that the amount is due to the petitioner, every effort should be made to pay the same. If the claim of the petitioner is not tenable, it should be made to know that the claim has been rejected.

4/4 The order which will be passed by respondent no. 3 obviously would be a reasoned order. The order shall be passed within a period of six weeks from the date of receipt of such representation.

The writ petition stands disposed of accordingly. (Ashutosh Kumar, J) sunilkumar/- U