Pappu Kumar Singh vs The State Of Bihar
2022 Latest Caselaw 1384 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No 6203 of 2021
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Pappu Kumar Singh Son of Late Rajo Singh Resident of Village Dhamaur, P.S. Hisua, District Nawada, the then Chairman of Primary Agriculture Cooperative Society (in short PACS), Dhanwa, P.S. Hisua, District Nawada.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Agriculture, Government of Bihar, Patna.

2. The District Magistrate, Nawada.

3. The Circle Inspector-cum-Purchasing Officer, Hisua, Nawada.

4. The District Cooperative Officer, Nawada.

5. Block Cooperative Officer, Hisua, District Nawada.

6. Manoj Kumar Circle Officer, Kurtha, P.S. Kurtha, District Arwal (the then Circle Inspector-cum-Purchasing Officer, Hisua, Nawada).

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

For the Petitioner/s : Mr Bijendra Kumar, Advocate For the Respondent/s : Mr Syed Iqbal Ahmad, SC XX Mr Mahtab Alam, AC to SC XX ====================================================== CORAM: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR JUSTICE MADHURESH PRASAD

ORAL JUDGMENT

(Per: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH)

Date : 24-02-2022

Heard learned counsel for the petitioner and the

respondents.

2 The petitioner claims, which is not in dispute, that he

was elected as Chairman of Primary Agricultural Credit Society

(for brevity, PACS), Dhanwa in the district of Nawada when a Patna High Court CWJC No.6203 of 2021 dt.24-02-2022

purchase of 3514.80 quintals of paddy was made through the

PACS.

3 The present writ application has been filed seeking

direction to the Circle Inspector-cum-Purchasing Officer, Hisua

and the then Circle Officer (Respondent No 6) to pay to him a sum

of Rs 7,16,056/-, which is the remaining amount, payable to the

petitioner against the aforesaid purchase of paddy.

4 A counter affidavit has been filed on behalf of the

State of Bihar wherein the petitioner's claim for payment of said

sum of Rs 7,16,056/- is being denied on ground of shortage of

178.76 quintals of paddy in the stock. This fact of shortage of the

food grains in the stock is not in dispute. Learned counsel for the

petitioner has, however, submitted that the petitioner cannot be

held liable for the alleged shortage.

5 We are not inclined to entertain this writ application

for two main reasons. Firstly, the transaction in question relates to

the financial year, 2014 - 15 in respect of which the writ

application has been filed in 2021. The writ application, therefore,

suffers from the vice of delay and laches, which has remained

unexplained to this Court's satisfaction. Secondly, since the

petitioner's claim has been specifically disputed in the counter Patna High Court CWJC No.6203 of 2021 dt.24-02-2022

affidavit, such dispute is not required to be gone into by this Court

in a proceeding under Article 226 of the Constitution of India.

6 For the aforesaid reasons, this writ application is

dismissed.

(Chakradhari Sharan Singh, J)

(Madhuresh Prasad, J) M.E.H./-

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Uploading Date          02.03.2022
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