Subash Chandra Mauar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1188 of 2019 ====================================================== Subash Chandra Mauar Late Ramadhar Mauar Resident of Village- Kharaon Chaturbhuj, P.O.- Kharaon Chaturbhuj, P.S.- Sahar, District- Bhojpur ... ... Petitioner

Versus

1. The State Of Bihar through Chief Secretary, Government of Bihar, Patna

2. The Principal Secretary, Department of Food and Civil Supply Government of Bihar, Patna

3. The Chief Finance Officer, State Food Corporation, Headquarter, Patna

4. The Managing Director, State Food and Civil Supplies Corporation Ltd., Bihar, Patna

5. The District Magistrate, Bhojpur, Ara

6. The Additional Collector, Bhojpur, Ara

7. The District Co-operative Officer, Bhojpur, Ara

8. The General Manager, Bihar State Food and Civil Supplies Corporation Limited, Bihar, Patna.

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

For the Petitioner/s :

Mr.Dudh Nath Singh, Advocate For the State :

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

Mr. Shailendra Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-01-2019 In the nature of relief prayed in the writ application, this case is being disposed of under the present heading itself. In the interest of justice, learned counsel for the petitioner is allowed to add General Manager (Claims), Bihar State food & Civil Supplies Corporation Limited, Patna as party respondent No. 8 in the present writ application in course of the day.

It appears that the petitioner has moved this court for

Patna High Court CWJC No.1188 of 2019(2) dt.17-01-2019 2/3 a direction to the respondent authorities to make payment of what he claims to be an admitted dues of Rs. 4,94,416.00 (Four Lakhs Ninety Four Thousand Four Hundred & Sixteen only) with compound interest at the rate of 18% per annum. It is the grievance of the petitioner that the amount has been withheld illegally by the respondent Bihar State food & Civil Supplies Corporation Limited (hereinafter referred to as the "Corporation").

Learned counsel for the petitioner has drawn attention of this court towards his representation dated 13.11.2017 as contained in Annexure-1 to the writ application submitted with the District Manager, State Food Corporation, Bhojpur, Ara. Learned counsel for the petitioner has submitted that from the materials available on the record it will appear that the claim of the petitioner has been found to be genuine. In the nature of the writ application, without going into the merit of the contentions raised by the petitioner, this court thinks it just and proper to direct the General Manager (Claims) to look into the grievance of the petitioner, consider the same and in case it is found that the claim of the petitioner are genuine and those are payable to the petitioner, the same should also be paid within a period of 60 days from the date of

Patna High Court CWJC No.1188 of 2019(2) dt.17-01-2019 3/3 receipt/production of a copy of this order.

In case, the claim of the petitioner is not found genuine and is not payable, the same should also be communicated to the petitioner by a reasoned order within the aforesaid period.

Accordingly, this writ application stands disposed of. (Rajeev Ranjan Prasad, J) Rajeev/- U