Jai Chand Singh And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16719 of 2013 ====================================================== 1.
Ravi Bhushan Singh Son Of Late Satya Narayan Singh Resident Of VillageChaurahiya, P.S.- Sahiyara, Distt.- Sitamarhi, Chairman, Dine Chapra PACS 2.
Dine Chapra Primary Agriculture Credit Co-Operative Society Ltd., Chaurahiya Under Bathnaha Block in the District of Sitamarhi through its Chairman, Ravi Bhushan Singh (Petitioner no. 1) ... Petitioners
Versus
1.
The State Of Bihar through its Principal Secretary, Food ad Consumer Protection Department, Govt. Of Bihar, Patna 2.
Development Commissioner, Bihar, Patna 3.
District Co-Operative Officer, Sitamarhi 4.
Assistant Registrar, Co-Operative Societies, Sitamarhi 5.
District Officer Magistrate, Sitamarhi 6.
District Supply Officer, Sitamarhi 7.
Bihar State Food And Civil Supplies Corporation, Patna Through Its Managing Director 8.
District Manager, Bihar State Food And Civil Supplies Corporation Ltd., Sitamarhi 9.
Prem Kumar Mishra, C.E.O., Bathnaha-Cum-Supervisor, Paddy Purchase Centre, S.F.C. Centre, Bathnaha, Dist.- Sitamarhi 10.
Arvind Kumar Thakur, Incharge Purchase Centre, Paddy Procurement Centre, S.F.C. Centre, Bathnaha, Dist.- Sitamarhi 11.
Mr. Ram Bachan Ram, Circle Officer, Bathnaha, Dist.- Sitamarhi 12.
Sitamarhi Central Co-Operative Bank Ltd., Sitamarhi, Through Its Managing Director ... Respondents ====================================================== with Civil Writ Jurisdiction Case No. 16759 of 2013 ====================================================== 1.
Jai Chand Singh Son Of Late Ram Ayodhya Singh Resident Of Village - Purnahiya, P.S. Sahiyara, Distt. - Sitamarhi, Chairman, Singhrahiya Pacs 2.
Singhrahiya Primary Agriculture Credit Co - Operative Society Ltd., Purnahiya Under Bathnaha Block in the District of Sitamarhi through its Chairman, Ravi Bhushan Singh (Petitioner no. 1) ... Petitioners
Versus
1.
The State Of Bihar through its Principal Secretary, Food ad Consumer Protection Department, Govt. Of Bihar, Patna 2.
Development Commissioner, Bihar, Patna 3.
District Co - Operative Officer, Sitamarhi 4.
The Assistant Registrar, Co - Operative Societies, Sitamarhi 5.
District Officer Magistrate , Sitamarhi 6.
District Supply Officer, Sitamarhi 7.
Bihar State Food And Civil Supplies Corporation, Patna Through Its Managing Director
Patna High Court CWJC No.16719 of 2013(15) dt.18-08-2023 2/3 8.
District Manager, Bihar State Food And Civil Supplies Corporation Ltd., Sitamarhi 9.
Prem Kumar Mishra, C.E.O., Bathnaha - Cum - Supervisor, Paddy Purchase Centre, S.F.C. Centre, Bathnaha, District Sitamarhi 10.
Arvind Kumar Thakur, Incharge Purchase Centre, Paddy Procuremen Centre, S.F.C. Centre, Bathnaha, District Sitamarhi 11.
Mr. Ram Bachan Ram, Circle Officer, Bathnaha, Distt. - Sitamarhi 12.
Sitamarhi Central Co - Operative Bank Ltd., Sitamarhi, Through Its Managing Director ... Respondents ====================================================== Appearance :
(In Civil Writ Jurisdiction Case No. 16719 of 2013) For the Petitioners :
Mr.Ravi Kumar, Adv.
For the State :
Mr.Manoj Kumar Sinha, AC to GA IX For the Corporation :
M/s Shailendra Kumar Singh & Utkarsha Utpal, Advs.
(In Civil Writ Jurisdiction Case No. 16759 of 2013) For the Petitioners :
Mr.Ishwari Singh, Adv.
For the State :
Mr.Dr. Mankeshwar Tiwari, AC to AAG III For the Corporation :
M/s Shailendra Kumar Singh & Utkarsha Utpal, Advs.
====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 18-08-2023 Heard learned counsel for the parties.
2. Both the writ petitions are disposed off by this common order as the issues involved in both the cases are one and the same.
3. Pursuant to the judgment of this Hon'ble Court passed in L.P.A. No. 881 of 2016, dated 06.08.2018, wherein this Hon'ble Court has directed the constitution of a Committee consisting of the District Magistrate, the Enforcement Officer of the concerned Block and one Senior Officer of the BSFC to be nominated by the Managing Director, to look into the entire controversy and submit a report. The said order of the High Court has been confirmed by the Hon'ble Supreme Court in Special Leave Petition (Civil) Appeal No. 17509 of 2019. Thereafter, the Committee has been constituted and submitted its report, dated
Patna High Court CWJC No.16719 of 2013(15) dt.18-08-2023 3/3 02.09.2016. The Committee has endorsed the stand taken by the petitioners and recommended for payment of the amounts due to the petitioners for the paddy supplied.
4. Having regard to the above mentioned facts and circumstances without going into the merits and demerits of the case this Court deems it proper to direct the petitioners to approach the Registrar, Cooperative Societies, with a representation ventilating their grievances along with supporting documents within a period of four weeks from the date of receipt of this order. On such representation being made the Registrar, Cooperative Societies, shall pass necessary orders duly taking into consideration the Three Men Committee report, dated 02.09.2016, as expeditiously as possible preferably within a period of eight weeks thereof. It is needless to observe that the petitioner shall be given an opportunity of hearing before passing of any orders. Any order passed shall be communicated to the parties. In case the claim of the petitioners is accepted, the authorities shall pay the amounts due to the petitioners forthwith.
5. With the above directions, both the writ petitions stand disposed off.
(A. Abhishek Reddy , J) Shamshad/- U