Rampur Parori Primary Agriculture Credit Co-Operative Society Ltd. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8332 of 2014 =========================================================== Rampur Parori Primary Agriculture Credit Co-operative Society Limited, P.O.- Punaura, P.S. + District- Sitamarhi appearing through its Chairman, Sri Nand Kishore Prasad Yadav, Son of Sri Mahadeo Prasad Yadav, resident of villageKharka, P.O.- Punaura, P.S. + District- Sitamarhi .... .... Petitioner

Versus

1. The State of Bihar through the Collector, Sitamarhi

2. The District Co-operative Officer, Sitamarhi

3. The Sub-Divisional Officer, Sitamarhi Sadar, Sitamarhi

4. The Bihar State Food Corporation, through its Managing Director, Sone Bhawan, R-Block, Patna

5. The District Manager, Bihar State Food Corporation, Sitamarhi

6. The Block Development Officer, Dumra, District- Sitamarhi .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Harendra Kumar, Advocate For the Respondents: Mr. Bijay Kumar Sinha, AC to AAG 9 For the BSFC : Mr. Shailendra Kr. Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 25-01-2016 Heard learned counsel for the petitioner, learned counsel for the State and also learned counsel for the respondent-Bihar State Food Corporation.

2. The present writ petition has been filed for a direction to the respondents to make payment of the amount in respect of 500 bags of paddy (of 40 Kg. each) which remains outstanding against the total 3022 bags of paddy supplied by the petitioner.

3. It is submitted on behalf of the petitioner that despite being supplied total quantity of 3022 bags of paddy ( of 40 Kg. each) payment has been made in respect of 2522 bags of paddy and the

Patna High Court CWJC No.8332 of 2014 dt.25-01-2016 2/2 petitioner is entitled to payment of the remaining 500 bags of paddy supplied by it.

4. In the above view of the matter, this writ petition is disposed of with consent of the petitioner, granting it liberty to approach the Managing Director, Bihar State Food Corporation, Sone Bhawan, Patna (Respondent No. 4) with a fresh representation for redressal of its grievances. If any such representation is filed within a period of four weeks from today, the same shall be considered and disposed of, ensuring payment to the extent found due to the petitioner, within a period of six weeks from the date of receiving the petitioner's representation. Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioner to receive payment together with simple interest at the rate of 9% 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 petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be disposed of by a speaking order in that regard.

5. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. B.T/- (Vikash Jain, J) U