Sonshihari Primary Agricultural Cooperative Society v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1309 of 2016 ====================================================== Sonshihari Primary Agricultural Cooperative Society, through its Chairman, Sanjay Kumar son of Sri Shiv Nandan Prasad Singh Resident of Village Pachhiyadih, P.S. - Muffasil, P.O. - Khalsa Dhibri, District - Nawada. .... .... Petitioner/s

Versus

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

2. The District Magistrate, Nawada.

3. The Bihar State Food and Civil Supply Corporation, through its Managing Director, Bihar, Patna.

4. The District Manager, Bihar State Food and Civil Supply Corporation, Nalanda at Biharsharif.

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

6. The District Co-operative Officer, Nawada.

7. The District Supply Officer, Nawada.

8. The Block Co-operative Officer, Nawada.

9. The Circle Officer, Nawada.

10. M/S Shankar Rice Mill, Jangipur, Ashthawan, District Nalanda through its Miller.

11. The Union of India through the Secretary, Ministry of Consumer Affairs food and Civil Supply, Krishi Bhawan, New Delhi. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arbind Kumar Singh, Adv. For the Respondent-State : Mr. K.B. Singh,SC-22 For the BSFC : Mr. Shailendra Kumar Singh, Adv. For the V.O.R. : Mr. S. Sanjay, Adv. Mr. Kanak Verma, C.G.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 21-01-2016 Heard Mr. Arbind Kumar Singh, learned counsel for the petitioner, learned counsel for the State and Mr. Shailendra Kumar Singh, learned counsel for the State Food and Civil Supply Corporation.

The petitioner is a Cooperative Society and has filed the writ petition through its Chairman complaining of non-payment of

Patna High Court CWJC No.1309 of 2016 (2) dt.21-01-2016 the price of paddy supplied by the society to the Corporation in 5 lots weighing 2015 quintals. Learned counsel for the petitioner with reference to the communication of the District Manager, State Food and Civil Supply Corporation, Nalanda addressed to the District Manager, State Food and Civil Supply Corporation, Nawada has submitted that the supply has been accepted but yet the payments evades the petitioner.

Having heard learned counsel for the parties and considering the recommendation of the District Manager, Nalanda present at Annexure-4, the writ petition is disposed of with direction to the District Manager, Nawada to consider the claim of the petitioner in the backdrop of the recommendation of the District Manager, Nalanda present at Annexure-4 and dispose of the same in accordance with law and in case the claim of the petitioner is upheld then the payment for the supply so recommended be made within four weeks of the receipt/ production of a copy of the order. However in case of any dispute the same be disposed of by a speaking order to be passed within the same period.

(Jyoti Saran, J) S.Sb/- U