Naresh Prasad Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5931 of 2017 ====================================================== 1.

Naresh Prasad Yadav S/o Late Ghamandi Mahto, a resident of VillageRampur 2.

Awadhesh Singh, S/o Sri Shambhu Singh, a resident of Village- Rajwada 3.

Chandrakant Suman, S/o Manmohan Suman, a resident of Village- Pathroura 4.

Siya Sharan Singh, S/o Late Mundrika Singh, a resident of VillagePathroura 5.

Sanoj Kumar, S/o Late Udeshwar Singh, a resident of Village- Pathroura 6.

Suresh Prasad Sharma, S/o Late Siya Ram Saran Sharma, a resident of Village- Pathroura 7.

Madhusudan Singh, S/o Late Ramdeo Singh, a resident of VillageKhiryama. 8.

Satyendra Prasad Singh, S/o Pramanand Singh, a resident of VillageKhiryama. 9.

Randhir Prasad Singh, S/o Uma Shankar Singh, a resident of VillageKhiryama. All Police Station- Wazirganj, District- Gaya. ... ... petitionersss/s

Versus

1.

The State Of Bihar through the Principal Secretary, Food & Consumer Protection Department, Govt. of Bihar, Patna 2.

The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd., 5th Floor, Sone Bhawan 3.

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

4.

The District Magistrate, Gaya.

5.

The Circle Officer, Wazirganj, District- Gaya. 6.

The Block Agriculture Officer, Incharge Paddy Procurement Centre, Wazirganj, District- Gaya.

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

For the petitionersss/s :

Mr. Arvind Kumar Mouar, Advocate For the State :

Mr. S.Raza Ahmad-AAG 5 For the BSFC :

M/s Shailendra Kumar Singh, Utkarsha Utpal, Advocates ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 27-01-2025

1. Heard learned counsel for the parties.

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2. The petitioners have filed the present application for issuance of appropriate writ/writs, order / orders and direction / directions to the respondents to make immediate payment with interest of the price at the rate of Rs. 1660/- per quintal to the petitioners for their purchased paddy as per details given by the Circle Officer, Wazirganj (Gaya) under the Government Paddy Procurement Action Plan.

3. At the outset, Learned counsel for petitioners contended that since this matter is squarely covered under the order dated 01.12.2023 passed in CWJC No. 14138 of 2015 (Amrendra Kumar Vs. The State of Bihar & Ors.), this writ petition may also be disposed of on the same term and conditions.

4. In view of the fact that this matter is squarely covered by the aforesaid order, without going into the merits of the case, the petitioners are directed to approach the Respondent No. 3, the District Manager, Bihar State Food and Civil Supplies Corporation, Patna for ventilating their grievance along with the supporting

3/4 documents within a period of four weeks from the date of the receipt of the copy of this order. On such representation being made, the Respondent No. 3 shall consider the said representation and pass necessary orders duly taking into consideration the representation along with the supporting documents filed by the petitioners. In case, the Respondent No. 3 is of the view that the orders of this Court passed in LPA No. 881 of 2016 (The Bihar State Food and Civil Supplies Corporation Ltd. & Anr Vs. Nayan Kumar Sinh & Ors & other analogous cases) dated 06.08.2018 wherein a Division Bench of this Hon'ble Court has directed the constitution of a Committee consisting of the District Magistrate, the Enforcement Officer of the concerned Block and one Senior Officer of the BSFC to be nominated by the Managing Director has to be followed to look into the entire controversy and submit a report he shall do so. In case, the report of the Committee is in favour of the petitioners, the Respondent No. 3 shall pass necessary orders for

4/4 payment of the amounts due to the petitioners. Any order passed by the Respondent No. 3 shall be communicated to the party.

5. With the above direction, the present Writ Petition stands disposed of to the extent indicated above.

6. Interlocutory Application(s), if any, shall stand disposed of.

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.01.2025 Transmission Date