Pokshi Primary Agriculture Credit Society P A C S v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.817 of 2016 Civil Writ Jurisdiction Case No.15203 of 2015 Jieuri Primary Agriculture Credit Society ( PACS ) at Jieury P.S. Pakribarawan District Nawada through Chairman SRi Deo Narain Singh S/o Late Ramkishun Singh R/o vill. - Dumri, P.S. Pakribarawan, District - Nawada Department, Govt. of Bihar, Patna Patna Bihar at Patna

3. The Bihar State Food and Civil Supply Department Govt. of Bihar At Patna Ltd. Bihar at Patna

5. The District Magistrate, Nawada

6. Additional District Magistrate, Nawada

7. District Supply Officer, Nawada

8. The District Co - Operative officer, Nawada Cum M.D. Nawada Central Co - Operative Bank, Nawada Nawada At Nawada

10. The In Charge, Bihar State Food Corporation, Procurement Centre at Pakribarawan Nawada

11. The Enforcement Officer for Paddy Cum Block Development Officer Pakribarawan Block Pakribarawan Bhojpur Letters Patent Appeal No. 1237 of 2016 Civil Writ Jurisdiction Case No.14618 of 2015 Prathmik Krishi Sakh Sahyog Samiti, Devangadh, Kauwakol, Nawada through the Chairman namely Upendra Kumar, Son of Bindeshwari Paswan, Resident of Bhorambagh, P.S.- Kauwakol, District- Nawada

1. The State of Bihar through the Principal Secretary, Department of Food & Civil Supplies Corporation, Government of Bihar, Patna.

2. The Principal Secretary, Department of Food & Civil Supplies Corporation, Government of Bihar, Patna.

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

4. The Bihar State Food & Civil Supplies Corporation through its Managing Director, Patna.

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5. The Managing Director, Bihar State Food & Civil Supplies Corporation,

6. The Director Magistrate, Nawada.

7. The District Manager, Bihar State Food and Civil Supplies Corporation, Nawada.

8. The District Co-operative Officer, Nawada.

9. The District Supply Officer, Nawada

10. The Branch Manager (I/C), Nawada Central Co-operative Bank, Kauwakol Branch, Nawada Letters Patent Appeal No. 901 of 2016 Civil Writ Jurisdiction Case No.15223 of 2015 Datraul Primary Agriculture Credit Society ( P A C S ) at Datraul P.S. Pakribarawan District Nawada through its Chairman Shravan Kumar s/o Rajendra Singh R/o Village - Kurhetta, P.S. Pakribarawan District Nawada. Department, Govt. of Bihar at Patna.

3. The Bihar State Food and Civil Supply Department Govt. of Bihar at Patna. Ltd. Bihar at Patna.

5. The District Magistrate, Nawada.

6. Additional District Magistrate, Nawada.

7. District Supply Officer, Nawada.

8. The District Co-operative Officer, Nawada cum M.D. Nawada Central Cooperative Bank, Nawada. Nawada at Nawada.

10. The In Charge, Bihar State Food Corporation, Procurement Centre at Letters Patent Appeal No. 809 of 2016 Civil Writ Jurisdiction Case No.15301 of 2015 Pokshi Primary Agriculture Credit Society ( P A C S ) at Pokshi, P.S. Pakribarawan District Nawada through Chairman Sri Ranjit Kumar Singh S/o

3/5 Sri Ram Naresh Singh R/o Village Keshori, P.S. Pakaribarawa, District Nawada.

Department, Govt. of Bihar at Patna.

3. The Bihar State Food and Civil Supply Department Govt. of Bihar at Patna. Ltd. Bihar at Patna.

5. The District Magistrate, Nawada.

6. Additional District Magistrate, Nawada.

7. District Supply Officer, Nawada.

8. The District Co-operative Officer, Nawada cum M.D.Nawada Central Cooperative Bank, Nawada. Nawada at Nawada.

10. The In-charger, Bihar State Food Corporation , Procurement Centre at Pakribarawan Nawada.

Letters Patent Appeal No. 807 of 2016 Civil Writ Jurisdiction Case No.15238 of 2015 Kabla Primary Agriculture Credit Society ( P A C S ) at Kabla, P.S. Pakaribarawan District Nawada through Chairman NawalKumar S/o Sri Nand Kishore Singh R/o village Kabla, P.S. Pakaribarawan, District Nawada. Department, Govt. of Bihar at Patna.

3. The Bihar State Food and Civil Supply Department, Govt. of Bihar at Patna. Ltd. Bihar at Patna.

5. The District Magistrate, Nawada.

6. Additional District Magistrate, Nawada.

7. District Supply Officer, Nawada.

8. The District Co-operative Officer, Nawada cum M.D.Nawada Central Cooperative Bank, Nawada. Nawada at Nawada.

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10. The In-charger, Bihar State Food Corporation , Procurement Centre at Pakribarawan Nawada.

Appearance :

(In Letters Patent Appeal No. 817, 809, 807, 901 of 2016) For the Appellant/s :

Mr. Shashi Kant Kumar (In Letters Patent Appeal No.1237 of 2016) For the Appellant/s :

Mr Amish Kumar Mr S.K.Choudhary For the BSFC :

Mr. Anjani Kumar, Sr. Advocate Mr Shailendra Kumar Singh For the State :

Mr Abbas Haider, SC 16 For the Bank :

Mr Purushottam Jha Mr Vikash Kr. Jha CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date : 21-03-2018 In view of the decision rendered by a Division Bench in LPA No.10 of 2016 and analogous cases, dated 22.11.2016, all those persons whose procurement has been done after the cut-off date cannot be given benefit of a direction upon the concerned respondents for making payment for procurement done. The rational and reasoning, which has been provided by the Division Bench in LPA No.10 of 2016, therefore, will cover these cases and all of them, therefore, stand dismissed. Before parting, however, counsel for some of the appellants submits that they have filed representation before the District

5/5 Magistrate, Nawada in this regard, which were never entertained or acted upon and the same are still pending for verification and consideration.

Without expressing any opinion on the authenticity of the issues highlighted in the said representations, the District Magistrate, Nawada will be well advised to pass an order and communicate the same on the representations of some of these appellants, especially appellants in LPA Nos.817 of 2016, 807 of 2016, 809 of 2016, 901 of 2016 and 1237 of 2016, if it has not been done so far. The disposal of the representations must happen within a period of eight weeks from the date of production of a copy of this order.

(Ajay Kumar Tripathi, J) ( Nilu Agrawal, J) sk AFR/NAFR NAFR CAV DATE NA Uploading Date 22.03.2018 Transmission Date NA