Revati Raman Jha And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1251 of 2019 ======================================================

1. Revati Raman Jha, Son of Late Pitambhar Jha, resident of Village- Naya Nagar, P.S.- Uda Kishunganj, District- Madhepura, Bihar.

2. Ramratan Singh, Son of Late Sajivan Singh. resident of Village- Naya Nagar, P.S.- Uda Kishunganj, District- Madhepura, Bihar.

3. Ranaran Bahadur Singh, Son of Late Rajaram Singh, resident of VillageNaya Nagar, P.S.- Uda Kishunganj, District- Madhepura, Bihar.

4. Dadan Kumar Singh, Son of Sri Raghvendra Singh, resident of Village- Naya Nagar, P.S.- Uda Kishunganj, District- Madhepura, Bihar.

5. Satendra Kumar Singh, Son of Late Jadambi Prasad Singh. Resident of Village- Naya Nagar, P.S.- Uda Kishunganj, District- Madhepura, Bihar.

6. Supreme Kumar Singh, Son of Late Girija Prasad Singh, Resident of VillageNaya Nagar, P.S.- Uda Kishunganj, District- Madhepura, Bihar.

7. Bijendra Pathak, son of Late Upendra Pathak, Resident of Village- Naya Nagar, P.S.- Uda Kishunganj, District- Madhepura, Bihar.

8. Ashish Kumar Singh, Son of Shankar Prasad Singh, Resident of VillageNaya Nagar, P.S.- Uda Kishunganj, District- Madhepura, Bihar.

9. Amrendra Kumar Singh, son of Late Jagdambi Pd. Singh, Resident of Village- Naya Nagar, P.S.- Uda Kishunganj, District- Madhepura, Bihar. ... ... Petitioner/s

Versus

1. The State Of Bihar.

2. The Principal Secretary, Department of Food and Consumer Protection, Govt. of Bihar, Patna.

3. The Principal Secretary, Department of Co-operative, Govt. of Bihar, Patna.

4. The Managing Director, Bihar State Food and Civil Supply Corporation, Sone Bhawan, Patna.

5. The Commissioner, Koshi Division, Saharsa.

6. The District Magistrate, Madhepura.

7. The District Co-operative Officer, Madhepura.

8. The Block Co-operative Office, Uda Kisunganj, Madhepura.

9. The Block Co-operative Extension Officer, Madhepura.

10. The Chairman, Primary Agriculture Society, Nayanagar, Uda Kisunganj, Madhepura.

11. Sri Vakil Sharma, Chairman, PACS, Udakisunganj, Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yashraj Bardhan, Adv.

For the Respondent/s :

Mr.Sanjay Kumar, AC to GA 13.

For the BSFC : Mr. Shailendra Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-01-2019 Heard learned counsel for the petitioners and learned counsel representing the Bihar State Food and Civil Supplies

Patna High Court CWJC No.1251 of 2019(2) dt.21-01-2019 2/3 Corporation as also the State.

The petitioners in the present writ application are said to be the poor farmers who had supplied paddy to the Chairman of PACS, Nayanagar, but according to them they have not been paid their moneys against such supplies. In the writ application there is a statement that the petitioners had approached the Registrar, Co-operative Societies, Patna with their representation as contained in Annexure '5' but the same has not been considered. Similarly, the other authorities to whom the petitioners had represented could not take care of the grievance of the petitioners. In Paragraph 15 of the writ application, it is submitted that the District Co-operative Officer has acted arbitrarily and callously reported that the case regarding farmers of PACS is pending before the Civil Court with the Millers.

It is, thus, the grievance of the petitioners that none of these authorities are looking into the complaint of the petitioners. On the other hand, learned counsel representing the Bihar State Food and Civil Supplies Corporation submits that there is a dispute between the petitioners and the PACS in question and whatever be the responsibility and liability of the PACS, the Corporation has no concern with the same.

Patna High Court CWJC No.1251 of 2019(2) dt.21-01-2019 3/3 Court would direct the District Co-operative Officer, Madhepura to look into the entire matter, consider the grievance of the petitioners and find out whether the supplies allegedly made by the petitioners to the PACS had been handed over to the Millers and in case it is found that the paddy supplied by the petitioners have been given to the Millers in terms of the scheme of the Government, there is no reason why the lawful dues of the petitioner would not be paid to them. The District Co-operative Officer shall examine the whole issue and on finding the genuineness of the claim of the petitioners and payability of the same, he would take appropriate steps to ensure the admitted payment of the petitioners. The writ application stands disposed of.

(Rajeev Ranjan Prasad, J) R.R.Ojha/- U