Shyamsundar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19978 of 2021 ====================================================== Shyamsundar Sharma, S/o Mohan Sharma, R/o Village- Shahpur, P.S. Balrampur, District - Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Bihar State Food and Civil Supplies Department, Govt. of Bihar, Patna. 2.

The District Magistrate, Katihar.

3.

The Bihar State Food and Civil Supplies Corporation, through the Managing Director, Bihar, Patna.

4.

The Deputy General Manager-Transport, Bihar State Food and Civil Supplies Corporation Ltd., Head Quarter, Patna. 5.

The District Manager, State Food Corporation, Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Priyeshi Prabha, Advocate Mr.Chhote Lal Mishra, Advocate For the Respondent/s :

Mr. Alok Ranjan, AC to AAG 5 For the BSFC :

Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 07-04-2022 Petitioner has prayed for the following relief(s):- "I For direction to the Respondents to immediately make payment to the petitioner, total amount of Rs. 5,34,807.00 (Rs. 3,50,000/- under PMGKY scheme and Rs. 1,84,807/- under NFSA scheme) towards the work of transportation of food grains of the month of November, 2020 from the Amdabad godown of Bihar State Food Corporation to the PDS dealers under NFSA/PMGKY schemes done by him as Door Step Delivery (DSD) Agent of Bihar State Food Corporation, Katihar.

2/4 II. For also direction to the Respondents to make the payment of his dues with penal interest @ 18%. III. Further, for direction upon the Respondents to duly compensate for the physical and mental harassment suffered by the petitioner and also the cost of litigation thrust upon the petitioner.

IV. For any other appropriate relief/reliefs to which the petitioner is found entitled in the facts and circumstances of this case."

After the matter was heard for some time, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is issued to the authority concerned to consider and decide the representation which the petitioner shall be filing for redressal of the grievance(s). Learned counsel for the respondents states that if such a representation is filed by the petitioner, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of three months from the date of its filing along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of in the following terms:- (a) Petitioner shall approach the authority concerned by filing a representation for redressal of the grievance(s);

3/4 (b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of three months from the date of its filing along with a copy of this order;

(c) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (d) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(e) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (f) Liberty reserved to the petitioner to approach the Court, if the need so arises subsequently on the same and subsequent cause of action;

(g) We have not expressed any opinion on merits of the matter. All issues are left open;

(h) We expect that the appropriate authority shall consider and decide the petitioner's application/request

4/4 expeditiously and preferably within a period of three months from the date of its presentation.

The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) Sujit/- AFR/NAFR CAV DATE Uploading Date 13.04.2022 Transmission Date