Rahis Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25602 of 2019 ====================================================== 1.

Rahis Kumar, male, aged about 29 years, Son of Sri Raghunath Singh, Resident of Village-Bherharia-Siyarampur, Police Station-Paliganj, in the District of Patna.

2.

Madheshwar Prasad Singh, male, age about 72 years, Son of late Deonandan Singh, Resident of Village-Mahmadpur, Police Station-Paliganj, in the District of Patna.

3.

Baijnath Singh, male, aged about 65 years, Son of late Mukhram Singh, Resident of Village-Bherharia-Siyarampur, Police Station-Paliganj, in the District of Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Co-operative Department, Government of Bihar, Patna.

2.

The Principal Secretary, Co-operative Department, Government of Bihar, Patna.

3.

The Registrar, Co-operative Societies, Bihar, Patna. 4.

The District Magistrate-Cum-Collector, Patna. 5.

The District Co-operative Officer, Patna.

6.

The Sub-Divisional Officer, Paliganj, in the District of Patna. 7.

The Block Co-operative Officer, Paliganj, in the District of Patna. 8.

Mr. Om Prakash Sharma, aged about 40 years, Son of Ram Tabakya Singh, the Chairman, Bherharia-Siyarampur PACCS under Paliganj Block, in the District of Patna.

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

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

Mr. Pankaj Kumar, Adv.

For the Respondent/s :

Mr. Subodh Kumar, AC to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 20-12-2019 The petitioners have approached this Court for a direction to the respondents, especially District Co-operative

Patna High Court CWJC No.25602 of 2019 dt.20-12-2019 2/3 Officer, Patna (respondent No. 5), to ensure compliance of the orders dated 09.04.2019 and 28.05.2019 passed by the Registrar, Co-operative Societies, Bihar, Patna (respondent No. 3) in Case No. 365 of 2016, whereby respondent No. 8 has been directed to make payment of the amount due to the petitioners along with the interest towards procurement of paddy from them for the Kharif Sessions 2014-2015 at the rate of Rs. 1660/- per quintal which price is inclusive of bonus.

2. It appears from the records that after such orders were passed by the Registrar, Co-operative Societies, Bihar, Patna, the District Co-operative Officer, Patna issued directions to respondent No. 8 and other stake-holders to take necessary steps for implementation of the aforesaid orders and payment of the dues of the petitioners, but it appears that nothing has been done up-till-now. Vexed by such inaction by the respondents, especially respondent No. 8, the petitioners have also lodged an F.I.R. against respondent No. 8 in which the investigation is continuing.

3. Under the aforesaid circumstances, this Court

Patna High Court CWJC No.25602 of 2019 dt.20-12-2019 3/3 is of the view that all the steps which could have been taken by the respondents, have already been taken and it would only be imperative upon the District Co-operative Officer, Patna and would be the overall responsibility of the District Magistrate of the concerned District to ensure that the order passed by the Registrar, Co-operative Societies, Bihar, Patna is complied with. Beyond that, this Court would not like to pass any positive direction.

4. In case, payments are not made to the petitioners, they would be free to proceed against private respondent No. 8.

5. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 20.12.2019 Transmission Date N/A