Nerut Panchayat Primary Agriculture Cooperative Society Limited Nerut Packs Nerut v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6153 of 2018 =========================================================== Nerut Panchayat Primary Agriculture Cooperative Society Limited ( Nerut Packs ) Nerut, Block- Asthawan, District- Nalanda through its Chairman Rina Devi, Wfie of Manoranjan Kumar, Resident of Village- Nerut, P.S.- Sare, DistrictNalanda. .... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, State Food and Civil Supply, Government of Bihar, Patna.

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

3. District Magistrate, Nalanda.

4. Bihar State Food and Civil Supply Corporation Limited through its Managing Director, Bihar, Patna.

5. The District Manager, Bihar State Food and Civil Supply Corporation, Nalanda, Bihar Sharif.

6. The District Cooperative Officer, Nalanda, Bihar Sharif.

7. Nalanda Central Cooperative Bank through its Managing Director.

8. Block Agriculture Officer Asthawan Nalanda cum C.M.R. Incharge.

9. Nalanda Rice Mill Bhikhnibigha Asthawan, Nalanda, Bihar Sharif.

10. Managing Director, Bihar State Food and Civil Supply Corporation Limited, Bihar, Patna.

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

For the Petitioner : Mr. Sudish Kumar, Advocate. For the State : Mr. Arvind Ujjwal, SC-4 For the BSFC : Mr. Harish Kumar, Advocate. For the Bank : Mr. Bindhyachal Rai, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 12-04-2018 As prayed, learned counsel for the petitioner is permitted to implead the respondent no. 10 as a party respondent in course of the day.

2. Heard learned counsel for the petitioner and learned counsel for the respondents.

3. This matter has been taken up out of turn on the

request of learned counsel for the petitioner for payment of its outstanding dues.

4. The present writ petition has been filed for payment of outstanding dues of the petitioner.

5. Learned counsel for the petitioner submits that despite supply of C.M.R. rice to the respondent no. 5 aggregating 1315.42 quintals for a value of Rs. 31,54,887.57, the entire amount remains outstanding for payment.

6. Learned counsel for the respondents appears and has been heard.

7. Having regard to the nature of the grievances of the petitioners and with consent of the parties, this writ petition is disposed of, granting liberty to the petitioner to approach the Managing Director, Bihar State Food and Civil Supply Corporation Limited, Bihar, Patna (Respondent No. 10) with a fresh representation for redressal of its 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. In case the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be disposed of by a speaking order in that regard.

8. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 17.04.2018 Transmission Date N.A.