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Patna High CourtCWJC/24693/2018disposed

Ratilal Yadav v. The State Of Bihar And ORS

2025-08-21Justice Smt. G. Anupama Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24693 of 2018 ====================================================== Ratilal Yadav Son of Chhattar Yadav Resident of Village- Salkhua, P.S.Salkhua, District- Saharsa.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Director, Bihar State Food and Civil Supplies Co. Ltd, Patna 2.

The Registrar, Co-operative Sammittee, Bihar, Patna. 3.

The District Magistrate, Saharsa.

4.

The District Manager, Bihar State Food and Civil Supplies Coorporation, Saharsa.

5.

The District Co-operative Officer, Saharsa.

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Adv.

Mr. Dhananjay Nath Tiwari, Adv.

Mr.Shiva Shankar Sharma, Advocate For the Respondent/s :

Mr.Raj Ballav Pd.Yadav -AAG11 Mr. Ramashray Roy, AC to AAG11 For the BSFC :

Mr. Shailendra Kumar Singh, Adv.

Mr. Utkarsha Utpal, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 21-08-2025

1. The Writ petition is filed for the following reliefs:

" For issuance of an appropriate Writ order/orders, direction to the respondent authority to pay Rs.

10,38,312/- (Ten Lakh Thirty Eight thousand three Hundred twelve only) with bank interest which is the price of 437 quintal (MR (Rice) and to assure

2/4 guarantee to the parent Bank who had advanced loan the petitioner against outstanding balance of loan so that it may continued to advance loan in the current year and pass such any other order/orders as Your Lordships may deem fit and proper under the circumstances of the case."

2. At the outset, the Learned counsel for petitioner 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.

3. In view of the fact that this matter is squarely covered by the aforesaid order, without going into the merits of the case, the petitioner is directed to approach the District Manager, Bihar State Food and Civil Supplies Corporation, Saharsa, for redressal of his grievance along with the supporting documents within a period of four weeks from the date of the receipt of the copy of

3/4 this order. On such representation being made, the District Manager, Bihar State Food and Civil Supplies Corporation, Saharsa shall consider the said representation and pass necessary orders, preferably within three months from the date of filing of the representation, duly taking into consideration the representation along with the supporting documents filed by the petitioner. In case, the District Manager, Bihar State Food and Civil Supplies Corporation, Saharsa is of the view that the orders of this Court dated 06.08.2018 passed in LPA No. 881 of 2016 (The Bihar State Food and Civil Supplies Corporation Ltd. & Anr Vs. Nayan Kumar Sinha & Ors & other analogous cases), wherein 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 of the BSFC has to be followed to look into the entire controversy and submit a report, he shall do so. In case, the report

4/4 of the Committee is in favour of the petitioner, the District Manager, Bihar State Food and Civil Supplies Corporation, Saharsa shall pass necessary orders for payment of the amounts due to the petitioner. Any order passed by the District Manager, Bihar State Food and Civil Supplies Corporation, Saharsa shall be communicated to the party.

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

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

(G. Anupama Chakravarthy, J) AMANDEEP/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 27.08.2025 Transmission Date