Manish Kumar Gupta v. The State Food Corporation

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 240 of 2020 ====================================================== Manish Kumar Gupta, aged 36 years, Male Son of Late Rajni Kant Gupta Resident of Village-New Diliyan Ward No.21, P.S.-Dehari District-Rohtas, Proprietor of Rahi Agro Mill Situated at Industrial Area, Dehari-on-Sone, Under District-Rohtas.

... ... Petitioner/s

Versus

1.

The State Food Corporation through its Manager Director. 2.

The Managing Director State Food Corporation Patna. 3.

The District Manager State Food Corporation Rohtas, Sasharam. 4.

The State of Bihar through its Principal Secretary Department of Cooperative Society Vikash Bhawan Patna. 5.

The Principal Secretary Department of Co-operative Society Vikash Bhawan, Patna.

6.

The Joint Registrar Co-operative Society Patna Division, Patna. 7.

The Chandi PACS Situated at Dehari-on-Sone P.S.-Dehari District-Rohtash through its Chairman.

8.

The Jamuhar PACS Situated at Dehari-on-Sone P.S.-Dehari District-Rohtas, through its Chairman.

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

For the Petitioner/s :

Mr. Manish Kumar, Advocate For the BSFC :

Mr. Anjani Kumar, Sr. Advocate Mr. Shailendra Kumar Singh, Advocate For the State :

Mr. Satish Kumar, AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 23-01-2020 Heard learned counsel for the petitioner; learned AC to PAAG for the State and Mr. Anjani Kumar, learned senior counsel along with Mr. Shailendra Kumar Singh, learned counsel for the

Patna High Court CWJC No.240 of 2020 dt.23-01-2020 2/3 Bihar State Food and Civil Supplies Corporation Limited (hereinafter referred to as the 'Corporation').

2. The petitioner has moved the Court for the following reliefs:

"That this application is being filed for issuance of writ in nature of Mandamus directing to the Respondents concern to pay the Paddy against supplied CMR in advance to the PACS i.e. Respondents No. 5 & 6 or pay the amount of rupees against the coast of CMR.

For issuance of any other appropriate writ/writs, command, and direction/directions for which the petitioner is legally entitled."

3. After some arguments, the parties agree that the matter is required to be decided by a forum which will have to go into the factual aspects relating to the claim of the petitioner. In this context, the parties agree that the writ petition be disposed off with liberty to the petitioner to approach the Registrar, Cooperative Societies, Bihar with regard to the grievance raised in the writ petition.

4. In view thereof, the writ petition stands disposed off with liberty aforesaid.

5. If the petitioner moves before the Registrar, within one month from today, he shall consider the matter, in accordance with law, after giving opportunity of hearing to all concerned and pass a reasoned order latest within two months from the date of

Patna High Court CWJC No.240 of 2020 dt.23-01-2020 3/3 filing of the application. Based on the same, consequences shall follow.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T