Sharda Rice Mill v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16114 of 2017 =========================================================== Sharda Rice Mill, Sushil Nagar, Singhauli, Begusarai through its Proprietor Dhiraj Kumar S/o Sri Sudhir Kumar Singh Resident of Ratanpur, Ward No. - 21, P.S. Ratanpur (O.P.), District - Begusarai.

.... .... Petitioner

Versus

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

2. The Principal Secretary, Food and Civil Supply Department, Government of Bihar, New Secretariat, Patna.

3. Bihar State Food & Civil Supply Corporation Ltd., Khaday Bhawan, Daroga Prasad Rai Path, 011 through its Managing Director.

4. The Managing Director, Bihar State Food & Civil Supply Corporation Limited, Khadya Bhawan, Daroga Prasad Rai Path, Patna - 800001.

5. Chief of Finance, Bihar State Food & Civil Supply Corporation Ltd.,Khaday Bhawan, Daroga Prasad Rai Path, Patna - 800001.

6. The District Manager, Bihar State Food & Civil Supply Corporation Ltd., Begusarai.

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

For the Petitioner : Mr. Sanjeet Kumar, Advocate. For the Respondents : Mr. S. Raza Ahmad , AAG-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 26-03-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. This matter has been taken up out of turn on the request of learned counsel for the petitioner for payment of its outstanding dues.

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

4. Learned counsel for the petitioner submits that

despite having completed the contract work, an amount of Rs. 3,92,817.68 remains outstanding for payment.

5. Learned counsel for the respondents appears and has been heard. In the counter affidavit, the respondent Corporation has recommended for payment of dues of the petitioner vide letter dated 02.09.2017 (Annexure-A).

6. 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 & Civil Supply Corporation Ltd., Khaday Bhawan, Daroga Prasad Rai Path, Patna (Respondent No. 4) 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.

7. 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 28.03.2018 Transmission Date N.A.