Citation : 2023 Latest Caselaw 5025 Patna
Judgement Date : 3 October, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3717 of 2023
======================================================
Narendra Chaubey, Son of Rabindra Choubey, Resident of Village - Mathauli, P.S. - Bhorey, District - Gopalganj (Bihar).
... ... Petitioner/s Versus
1. The State of Bihar.
2. The Chief Secretary of Bihar Patna at Old Secretariate, Patna.
3. Cooperative Secretary, Bihar, Patna at New Secretariate, Patna.
4. Joint Registrar, Saran at Chapra, District - Chapra.
5. Collector, Gopalganj, District - Gopalganj.
6. District Cooperative Officer, Gopalganj, District - Gopalganj,
7. Sub Divisional Officer, Hathua, District- Gopalganj.
8. Block Cooperative Officer, Bhorey, District - Gopalganj,
9. Chairman Gopalpur PACS of Gopalpur Panchayat, Block - Bhorey, District -
Gopalganj.
10. Gopalpur PACS Manager of Gopalpur Panchayat, Block - Bhorey, District -
Gopalganj,
11. Vigilance Investigation Bureau, Bihar, Patna
12. Block Development Officer, Bhorey, District - Gopalganj,
... ... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr.Sanjya Kumar Chaubey, Adv For the Respondent/s : Mr.Uday Shankar Sharan Singh (GP 19)
====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL JUDGMENT Date : 03-10-2023
Learned counsel appearing on behalf of the petitioner
is permitted to make necessary correction in paragraph nos. 1
and 19 of the present writ petition.
2. Heard the parties.
Patna High Court CWJC No.3717 of 2023 dt.03-10-2023
3. The present writ petition is filed for the following
relief(s):-
"(i) For issuance of for appropriate Writ/order/directions for appropriate enquiry by the appropriate authority upon the complaints (Annex- 2 to 7 & 10) of the petitioner regarding non payment of the price of paddy of 2.45 Quintals, since respondent no. 10 has received the 34.45 Quintals of paddy but has made payment of 32.00 Quintals of paddy and that too after delay of 45 days.
(ii) For issuance of appropriate Writ/order/ directions upon the respondent no. 10 and 9 to pay the price of paddy of remaining balance 2.45 Quintals of paddy with interest till payment.
(iii) For issuance of appropriate writ/order/ direction for payment of interest upon respondent no. 10 & 9 for delay of 45 days in making payment of even 32.00 Quintals.
(iv) For issuance of appropriate writ/order/ direction to the Respondent no. (3) upon the complaints (Annex-9) of the petitioner regarding shopping of paddy of Gopalpur PACS is going on in plane paper whereby and where under 1600 quintals paddy has been taken by name of 19 person who is Patna High Court CWJC No.3717 of 2023 dt.03-10-2023
family member of respondent no. 10
(v) For issuance of such other appropriate writ order, directions which may deem fit and proper in the facts and circumstances of the case for the ends of justice".
4. Learned counsel appearing on behalf of the
Respondent No. 10 states that the Respondent No. 10 is ready to
pay the amounts due to the petitioner for 2.45 Quintals of paddy
which was supplied to the society within a period of one week
from the date of receipt of the copy of this order.
5. Having regard to the same, the prayer made by the
petitioner with regard to relief nos. 1(i), (ii) and (iii) of the writ
petition are redressed. Learned counsel appearing on behalf of
the Respondent No. 11 (Vigilance Investigation Bureau) has
stated that the video clips submitted by the petitioner has been
sent to the Forensic Science Laboratory, Chandigarh and after
receipt of the report from the Forensic Science Laboratory,
Chandigarh, they will supply final report to the Respondent No.
6.
6. In so far as the relief sought in paragraph 1(iv) of
the writ petition is concerned, the Respondent No. 11 is directed
to supply the copy of the enquiry report to the Respondent No.
6, i.e., the District Cooperative Officer, Gopalganj. On receipt of Patna High Court CWJC No.3717 of 2023 dt.03-10-2023
copy of enquiry report, the same shall be acted in accordance
with law by the Respondent No. 6.
7. Accordingly, the present writ petition stands
disposed of.
(A. Abhishek Reddy , J) Bhardwaj/-
AFR/NAFR CAV DATE Uploading Date 05.10.2023 Transmission Date
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