Sumitra Jaiswal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13608 of 2013 =========================================================== Sumitra Jaiswal, wife of Anil Kumar Jaiswal, Resident of Kuwari Devi Chowk, P.S. Motihari, District - East Champaran at Motihari .... .... Petitioner

Versus

1. The State of Bihar

2. The Managing Director, State Food and Civil Supplies Corporation Limited, Sone Bhawan, Bir Chand Patel Path, Patna

3. The Chief Procurement Officer, Headquarter, State Food and Civil Supplies Corporation Limited, Sone Bhawan, Bir Chand Patel Path, Patna

4. The District Magistrate, East Champaran at Motihari

5. The District Manager, the State Food Corporation, East Champaran at Motihari .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Sangeet Deokuliar, Advocate For the Respondents : Mr. Subodh Kumar, AC to SC 26 For the BSFC : Mr. Shailendra Kr. Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 28-08-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for payment of the entire rent amount of two godowns with penal and statutory interest which have been hired by the respondents since 01.04.2009 till date.

3. Learned counsel for the petitioner submits that

Patna High Court CWJC No.13608 of 2013 dt.28-08-2018 2/3 pursuant to the advertisement made by the respondents for hire of godowns, the petitioner offered her two godowns on monthly rent basis since 01.04.2009 and the same was accepted. Accordingly, the agreement was entered into between the parties but till date no rent of the godowns has been paid to the petitioner.

4. Having regard to the nature of the grievances of the petitioner and with consent of the parties this writ petition is disposed of, granting liberty to the petitioner to approach the Chief Procurement Officer, Headquarter, State Food and Civil Supplies Corporation Limited, Sone Bhawan, Bir Chand Patel Path, Patna (Respondent No. 3) with a fresh representation for redressal of her 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 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 6% per annum on the admitted dues calculated from the date when the amount became due till the date of its actual payment.

Patna High Court CWJC No.13608 of 2013 dt.28-08-2018 3/3 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. (Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 04.09.2018 Transmission Date N.A.