Bourhar Panchayat Primary Agriculture Credit Co Operative Society Ltd. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.120 of 2018 ======================================================

1. Bourhar Panchayat Primary Agriculture Credit Co Operative Society Ltd. Bouhar, Block Harlakhi, District Madhubani, through its Chairman Kalpana Devi, w/o Lalit Arun Jha, R/o Jiraul, P.S. Harlakhi, District Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Department of Food & Consumers Protection Govt. of Bihar, Patna.

3. The Principal Secretary, Co-operative Department, Bihar, Patna, Vikash Bhawan, Baily Road, Patna.

4. The Managing Director, Bihar State Food & Civil Supply Corporation Limited, Sone Bhawan, Bihar, Patna.

5. The District Co-operative Officer, Madhubani cum Managing Director, Central Co-operative Bank, Madhubani.

6. The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Madhubani.

7. The Branch Manager, Rahika Central Co-operative Bank, Basopatti, Madhubani.

8. The Branch Manager, Rahika Central Corporation Bank, Rahika, Madhubani.

9. The Chairman of Rahika Central Co-operative Bank, Madhubani. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Mishra, Adv. For the Respondent/s : Mr. Syed Md. Najmul Bari, A.C. to SC-20 Mr. Purushottam Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 31-01-2018 This writ petition has been filed by the petitioner for issuance of a direction to the respondent no.6 for payment of Rs.4,73,336/- with interest, which is due against supply of 350 quintals of wheat to the District Manager, Bihar State Food and Civil Supplies Corporation Limited, Madhubani. In the opinion of this Court, for a claim pertaining to

Patna High Court CWJC No.120 of 2018 (2) dt.31-01-2018 2/2 alleged non-payment of dues together with interest issuance of a writ of mandamus would neither be judicious nor prudent, as in substance the relief sought for is for obtaining a money decree. The jurisdiction of the civil court is meant for adjudication of such claims.

Accordingly, the writ petition is dismissed. However, the petitioner would be at liberty to resort to ordinary civil remedy before the civil court or to approach the appropriate authority or forum for the redressal of its grievance.

(Ashwani Kumar Singh, J) Pradeep/- U