Patna High Court
Uma Shankar Singh vs The State Of Bihar And Ors on 20 June, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17162 of 2016
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Uma Shankar Singh S/o Ram Briksha Singh Resident of Village and P.O.-
Harpur Belwa, P.S.- Mahua, District- Vaishali.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The District Magistrate, Vaishali at Hajipur.
3. The Sub-Divisional Officer, Mahua, Vaishali.
4. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd.,
Vaishali at Hajipur.
5. The Assistant Account Officer, Bihar State Food and Civil Supplies Corpo-
ration Ltd., Vaishali at Hajipur
6. The Assistant Godown Manager, Bihar State Food and Civil Supplies Cor-
poration Ltd., Mahua, Vaishali
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Satya Prakash Sinha
For the BSFC : Mr.Shailendra Kumar Singh
Mr.Utkarsha Utpal
For the Respondent/s : Mr.Arvind Ujjwal-SC-4
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
CHAKRAVARTHY
ORAL JUDGMENT
Date : 20-06-2024
The writ petition is filed to direct the respondent
authorities to return Rs. 1,97,832 with statutory interest to the
petitioner as the same has been deposited to the Bihar State Food
and Civil Supplies Corporation Ltd. ( hereinafter called as BSFC)
for taking grains to the PDS shop of the petitioner at Jahangirpur
Salkhanni, Block-Mahua, Vaishali, but the said grains are not
supplied to him.
Patna High Court CWJC No.17162 of 2016 dt.20-06-2024
2. The petitioner is P.D.S dealer bearing licence No. L.C.
09/2007 at Gram Panchayat Jahangirpur Salkhanni, Block-Mahua,
Vaishali since 03.09.2013. It is the case of the petitioner that he
deposited Rs. 98916/- to the District Manager, BSFC, Vaishali vide
Bank Draft bearing DD No. 0072716 for an amount of Rs.
93,834/- and DD No. 0072716 of Rs. 5,083/- on 05.10.2013.
3. It is also the contention of the learned counsel for the
petitioner that petitioner again deposited an amount of Rs. 98,916/-
to the authority from his Bank Account no. 12400400000221 of
Bank of Baroda, Hajipur, Vaishali Branch by two scrolls Rs.
93,834/- and Rs. 5,082/- and thus, the total amount deposited by
him comes to Rs. 1,97,832/-. In spite of depositing the amount, the
grains are not delivered to the petitioner.
4. It is also contended by the Learned counsel for the
petitioner that on 16.03.2015 the petitioner submitted Store Issue
Order (SIO) and NEFT paper before the District Manager, S.F.C,
Hajipur along with the required documents and also issued legal
notice to the District Manager on 16.07.2016, but there was no
response from the respondent, for which the petitioner was
constrained to file the present writ petition.
5. Heard Learned counsel for the petitioner as well as
Learned counsel for the respondents. Perused the record.
Patna High Court CWJC No.17162 of 2016 dt.20-06-2024
6. It is the contention of the Learned counsel for the
respondents that the petitioner has not submitted proper documents
to the respondent No. 4 in order to support his claim. The Learned
counsel for the respondents further contended that petitioner shall
make a representation before the respondent No. 4/District
Manager, SFC, Hajipur, Vaishali along with required documents to
enable the respondent No. 4 to settle the dispute.
7. Admittedly, the record do not reveal that proper
representation has been made before the respondent No. 4/District
Manager, SFC with the required documents. Therefore, the
petitioner is directed to make an appropriate representation before
the respondent No. 4 with all the relevant documents and in turn
the respondent No. 4 shall pass an order within a period of four
weeks from the date of filing of the representation in accordance
with law with regard to claim/return of money of the petitioner.
8. With the abovesaid observation, the writ application is
disposed of.
(G. Anupama Chakravarthy, J)
vinita/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.06.2024
Transmission Date
