Shashi Kumar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16932 of 2017 =========================================================== Shashi Kumar Yadav, S/o Sri Upendra Prasad Yadav, resident of VillageBesadh, Tola Karuwali, P.S. Kumarkhand, District Madhepura ex president of Besadh Primary Agricultural Credit Cooperative Society, Besadh, P.S. Kumarkhand, District Madhepura.

.... .... Petitioner

Versus

1. The State of Bihar through the Registrar, Cooperative Societies, Bihar, Patna.

2. The Registrar, Cooperative Societies, Bihar, Patna.

3. The District Cooperative Officer, Madhepura.

4. The Procurement Incharge Officer, Madhepura.

5. The Senior Incharge Officer (Procurement), Kumarkhand Block DistrictMadhepura.

6. The Block Enforcement Officer (Procurement), Kumarkhand Block DistrictMadhepura.

7. Bihar State Food & Civil Supplies Corporation Limited, Patna through its Managing Director.

8. The Managing Director, Bihar State Food & Civil Supplies Corporation Limited, Patna.

9. The District Manager, Bihar State Food & Civil Supplies Corporation Limited, Madhepura.

10. The Bihar State Cooperative Bank Limited through Branch Manager, Bihat, Begusarai.

11. The Manager, Bihat Branch, the Bihar State Cooperative Bank Limited, Bihat, Begusarai.

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

For the Petitioner : Mr. Sanat Kumar Mishra, Advocate For the Respondents : Mr. M.K. Ambastha -SC26 For the BSFC : Mr. Shailendra Kumar Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 20-02-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been taken up out of turn on the request of learned counsel for the petitioner for disposal of the same with a direction to the respondents to pay the admitted dues of

Patna High Court CWJC No.16932 of 2017 dt.20-02-2018 2/3 the petitioner.

3. The present writ petition has been filed for a direction to the respondent-Corporation to make payment of the due amount of price of paddy and wheat procured by the authorities from Besadh PACS in the year 2012 and 18% interest thereon for the delayed payment.

4. Learned counsel for the petitioner submits that pursuant to an agreement, the respondent-Corporation procured paddy and wheat from the petitioner but the price of the procured paddy and wheat has not been paid to the petitioner by the Corporation.

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

6. Having regard to the nature of the grievances of the petitioner 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 Supplies Corporation Limited, Patna (Respondent No. 8) with a fresh representation for redressal of his 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

Patna High Court CWJC No.16932 of 2017 dt.20-02-2018 3/3 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. B.T/chandran (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 26.02.2018 Transmission Date N.A.