Single judge disposed of a writ petition treated as a contractual dispute involving dues and an agreement. The petition was dismissed as misconceived and stale due to significant delay.
The writ petition was disposed of as the issue was rendered stale.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6557 of 2016
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Smt. Veena Singh, W/o Bansilal Singh, proprietor of M/s Maa Sarswati Rice Mill, residence of Village- Kama Bigha, Aurangabad, P.S.Aurangabad, District- Aurangabad.
.... .... Petitioner/s Versus 1. The State of Bihar through its Secretary, Department of Food & Civil Supplies, Govt. of Bihar, Patna. 2. The Secretary, Food & Civil Supplies, Govt. of Bihar, Patna. 3. The District Magistrate, Aurangabad.
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Naresh Dikshit Mr. Brij Bihari Tiwary For the Respondent-State : Mr. Chandra Shekhar Singh, AC to GP-16 For the Respondent-BSFC : Mr. Shailendra Kumar Singh
====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER
Although a number of reliefs have been prayed in the writ petition which is bordering on contractual dispute, the reliance placed by Mr. Dikshit on the letter dated 16.3.2015 of the Managing Director addressed to the District Manager, State Food Corporation, Aurangabad to establish the grievance of the petitioner, is misconceived for it is issued one year back on
Patna High Court CWJC No.6557 of 2016 (2) dt.23-06-2016
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16.3.2015 and although the Managing Director of the Corporation has granted certain consideration in favour of the petitioner and Mr. Dikshit endeavours to submit that the petitioner has discharged her part of obligation by depositing the required dues for entering into an agreement but there is nothing on record to show whether the grievance raised herein was raised by the petitioner before the Managing Director as to the non-compliance of his directives or there was any request made before the District Manager concerned in the light of the directives of the Managing Director of the Corporation..
In the circumstances discussed and considering that marketing season 2013-14 is long over, the issue raised is rendered stale. The writ petition is disposed of accordingly.
(Jyoti Saran, J)
SKPathak/-
U
2 issues framed by the court
Whether the writ petition concerning a contractual dispute related to dues for an agreement should be entertained given the delay and lack of prior representation.
Whether the grievance raised is stale due to the passage of time since the marketing season in question.
Smt. Veena Singh
The State of Bihar
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
