Citation : 2025 Latest Caselaw 97 Patna
Judgement Date : 6 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4702 of 2017
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Surendra Manjhi S/o Dwarika Manjhi R/o Village - Kewala, P.O. Ambatari,
P.S. - Mohanpur, District - Gaya.
... ... Petitioner/s
Versus
1. The State Of Bihar through Director, Bihar State Food and Civil Supplies
Company Ltd. Patna
2. District Magistrate, Gaya.
3. District Manager Bihar State Food and Civil Supplies Company Ltd. Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shiva Shankar Sharma
For the State : Mr. S.Raza Ahmad-AAG 5
Mr. Bijoy Kumar Sinha, AC to AAG 5
For BSFC : M/s Shailendra Kumar Singh
Utkarsh Utpal, Advocates
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 06-05-2025
1. Heard the Learned counsel for the
parties.
2. The petitioner has filed the Writ petition
for issuance of appropriate writ, order / orders and
direction to the respondent authorities to pay Rs.
14,50,440/- with Bank interest to the petitioner
which is price of 540 quintal rice and pass such
any other order/orders as this Court may deem fit
and proper under the circumstances of the case.
3. At the outset, Learned counsel for
Patna High Court CWJC No.4702 of 2017 dt.06-05-2025
2/4
petitioner contended that since this matter is
squarely covered under the order dated
26.06.2024
passed by this Bench in CWJC No.
10645 of 2015 (Dilip Singh Vs. The State of
Bihar & Ors.), this writ petition may also be
disposed of on the same term and conditions.
4. It is relevant to mention here that
Respondent No. 3 the District Manager, Bihar State
Food and Civil Supplies Corporation, Gaya, has
filed a counter affidavit and in paragraph no. 7 he
has categorically submitted that the petitioner's
claim is disputed as the petitioner has not supplied
the claim quantity of CMR. It is submitted on behalf
of respondents that the petitioner has only filed
application without any supporting documents.
5. In view of the fact that this matter is
squarely covered by the aforesaid order passed in
CWJC No. 10645 of 2015 (supra), without going
into the merits of the case, the petitioner is
directed to approach the Respondent No. 3, the
District Manager, Bihar State Food and Civil
Supplies Corporation, Gaya for ventilating their Patna High Court CWJC No.4702 of 2017 dt.06-05-2025
grievance along with the supporting documents
within a period of four weeks from the date of the
receipt of the copy of this order. On such
representation being made, the Respondent No. 3
shall consider the said representation and pass
necessary orders duly taking into consideration the
representation along with the supporting
documents filed by the petitioner. In case, the
Respondent No. 3 is of the view that the orders of
this Court passed in LPA No. 881 of 2016 dated
06.08.2018 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 has to be followed to look into the entire
controversy and submit a report he shall do so. In
case, the report of the Committee is in favour of
the petitioner, the Respondent No. 3 shall pass
necessary orders for payment of the amounts due
to the petitioner. Any order passed by the
Respondent No. 3 shall be communicated to the Patna High Court CWJC No.4702 of 2017 dt.06-05-2025
party.
6. With the above direction, the present
Writ Petition stands disposed of to the extent
indicated above.
7. Interlocutory Application(s), if any,
shall stand disposed of.
(G. Anupama Chakravarthy, J) Spd/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 07.05.2025 Transmission Date
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