Surendra Kumar Gupta v. The Bihar State Food And Civil Supplies Corporation Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23087 of 2018 ====================================================== Surendra Kumar Gupta, S/o Sri Shobit Sah, resident of Ward No.10, Sambhupatti, P.S. Muffasil, District-Samastipur, Bihar-84819. ... ... Petitioner/s

Versus

1.The Bihar State Food and Civil Supplies Corporation Ltd., Khaadh Bhawan, Daroga Rai Path, R Block, Road No.2, Patna-1, through its Managing Director.

2.The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd., Khaadh Bhawan, Daroga Rai Path, R Block, Road No.2, Patna-1. 3.The Chief Manager (Finance), Bihar State Food and Civil Supplies Corporation Ltd., Khaadh Bhawan, Daroga Rai Path, R Block, Road No.2, Patna-1.

4.The District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Siwan.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ankit Katriar For the Respondent/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-03-2019 On 14.12.2018 four weeks time was granted to the respondents to file a counter affidavit. No counter affidavit has been filed till date. This is all despite a regular notice being published in the Cause List to file counter affidavit without waiting for the matter to be called out. In the circumstances, the Court does not think it just and proper to grant any further adjournment.

In the nature of the reliefs prayed in the writ application whereunder the petitioner is seeking payment of gross amount of Rs.2,04,42,424.56/- which according to him is an admitted amount against the bills drawn by the petitioner for

Patna High Court CWJC No.23087 of 2018(3) dt.12-03-2019 2/2 the services rendered by him during the period 2012-13, this Court directs the Managing Director, Bihar State Food and Civil Supplies Corporation Ltd. (Respondent No.2) to examine the whole submissions of the petitioner in the light of the documents which have been enclosed with the writ application and after examining the records, if it is found that those are the admitted documents and claims are payable to the petitioners, respondent no.2 shall take steps towards payment of the admitted dues of the petitioner whatsoever may come in course of such examination and shall ensure payment thereof together with a reasonable rate of interest within a period of 60 days from the date of receipt/production of a copy of this order. This Court has not gone into the merit of the claim and, therefore, the Managing Director of Bihar State Food and Civil Supplies Corporation Ltd. will exercise his independent mind towards the fact and materials available on the record. The writ application stands disposed of.

(Rajeev Ranjan Prasad, J) R.R.Ojha/- U