Petitioner sought writ mandamus for payment of wheat procurement price and interest. Court directed District Manager to decide claim within three months and communicate reasons for rejection if not admitted.
Direction to District Manager, S.F.C., Samastipur to decide payment claim and communicate reasons for rejection within three months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11755 of 2014
====================================================== Chandra Mani Singh, son of Yugal Kishore Singh, resident of village Kundal, P.O. Singhiya, P.S. Singhiya, District Samastipur (Bihar) .... .... Petitioner/s
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Vinay Kumar Mishra, Adv. For the Respondent/s : Md. Anis Akhtar, AC to GA1 For the BSFC : Mr. Shailendra Kumar Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER
The prayer of the petitioner in this writ application reads
as follows:
“i. To issue an appropriate writ/order/ direction, in the nature of mandamus commanding the respondents to forthwith make payment of procurement price of wheat which was procured in the financial year 2012-13 by the Kundal-1 Primary Agricultural Credit Co-operative Society Limited and supplied to Food & Civil Supplies Corporation Limited, Samastipur.
ii. To issue an appropriate writ/ order/ direction, commanding the respondents to pay the statutory interest
Patna High Court CWJC No.11755 of 2014 (2) dt.15-07-2014
2
for the withhold amount of procurement price of wheat.” Learned counsel for the petitioner submits that in view
of the order issued by the Government and the Corporation when the petitioner had collected wheat and has also deposited as per the prescribed norms he cannot be deprived of the amount that was payable to him for doing such work.
In the considered opinion of this Court if the amount claimed by the petitioner is admitted there should not be any difficulty for the Corporation to pay the same but if the submission of the learned counsel for the Corporation that the petitioner and many other persons had not fulfilled the contract in the prescribed manner and yet are demanding money has any semblance of truth,
the Corporation will be at least liable to reject such claim by a speaking order.
That being so, this application is disposed of with a direction to the District Manager, S.F.C., Samastipur to decide the claim of the petitioner and also make payment if the amount is admitted within a period of three months from the date of receipt of this order. If, on the other hand, such claim is not admitted and the petitioner is found to be not entitled for such payment, reasons thereof should also be communicated to him within the same period of three months.
Patna High Court CWJC No.11755 of 2014 (2) dt.15-07-2014
3
With the aforementioned observation and direction, this
application is disposed of.
(Mihir Kumar Jha, J)
surendra/-
U
2 issues framed by the court
Whether the petitioner is entitled to the procurement price of wheat.
Whether the Corporation should pay statutory interest on the withheld amount.
Chandra Mani Singh
State of Bihar through Principal Secretary, Cooperative Department
District Magistrate, Samastipur
District Cooperative Officer, Samastipur
District Cooperative Manager, Samastipur
District Manager, Food & Civil Supplies, Samastipur
Mihir Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
