Md. Wasim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12690 of 2024 ====================================================== Md. Wasim Son of Md. Moquim, Resident of Village-Karahia, P.S.-Rajnagar, District-Madhubani.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Registrar Co-operative Society, Govt. of Bihar, Patna.
2.
The Joint Registrar Co-opeartive Society, Darbhanga Division, DistrictDarbhanga. 3.
The District Magistrate, Madhubani.
4.
The District Cooperative Officer, Madhubani, District-Madhubani. 5.
The Block Cooperative Officer, Rajnagar, District-Madhubani. 6.
The Managing Director, Cooperative Bank, Rahika, Madhubani, DistrictMadhubani. 7.
The District Manager, Bihar State Food Corporation, Madhubani, DistrictMadhubani. 8.
Md. Imtiyaj Ahmad son of Ali Ahmad, resident of Village-Sakri, P.S.-Sakri, District-Madhubani, Director of Nibja Food Pvt. Ltd. Sakari, Madhubani. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Jha, Advocate For the State :
Mr. Raghwanand, GA 11 Mr. Prabhat Kumar, AC to GA 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-08-2024 Heard Mr. Shailendra Kumar Jha, representing the Respondent No.7 (BSFC) as also learned counsel for the State.
2. The present writ petition has been preferred for the following reliefs:- (i). To issue a writ in the nature of Mandamus directing the respondents (The District Cooperative Officer, Madhubani and Block Cooperative Officer, Rajnagar
Patna High Court CWJC No.12690 of 2024(2) dt.29-08-2024 2/3 Madhubani to not take any coercive step against the petitioner without determining and establishing the negligence and guilt committed by the petitioner in accordance with law.
(ii). To hold and declare the petitioner has not committed any latches and negligence towards supplying the rice to the District State Food Cooperative of Madhubani against the paddy collected from the Primary Agriculture Cooperative Society PCAS Member of the territorial locality and supply it the same to the Rice Miller (Respondent no.8). It is the miller who has not supplied the rice in ration of received paddy on due time.
(iii). To restrain the Respondents from harassing the petitioner.
(iv). To direct the respondents to set up proper enquiry of the matter with extending adequate opportunity of hearing to the integral parties to find out actual culprits in order to take coercive legal action against the defaulter on the basis of the proved memo of charge.
(v). To grant any other reliefs for which the petitioner is entitled to have.
3. Learned counsel for the petitioner submits that it will suffice if his comprehensive representation is taken note of
Patna High Court CWJC No.12690 of 2024(2) dt.29-08-2024 3/3 by the Respondent No.3 the District Magistrate, Madhubani and pass an appropriate order.
4. The Respondents do not have any objection to it.
5. Considering the limited prayer that the petitioner has made, the present writ petition stands disposed of with the direction to the petitioner to approach the Respondent No.3, the District Magistrate, Madhubani within 4 weeks from today alongwith representation/supportive documents.
6. If such representation with documents is/are preferred, after hearing the petitioner and putting the concerned parties on notice as also giving them hearing, an order shall be passed within next three weeks.
(Rajiv Roy, J) Ravi/Ankit/- U