Dismissed

Upendra Sharma v. The State Of Bihar and Ors.

Patna HC27 Jun 2016CWJC/8651/2016

Case brief

AI extract

What is this about?

In a writ petition regarding unpaid paddy prices, the Patna High Court directed the petitioner to raise the grievance before the District Manager of BSCFCL with accompanying supply details, intimating a three-month timeline for payment or a reasoned order. The writ was dismissed on these terms.

What did the court decide?

Direction to file representation before District Manager, BSCFCL with supply details; claim to be disposed within 3 months.

Upendra Sharma Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2016)

¶1

Patna High Court CWJC No.8651 of 2016 (2) dt.27-06-2016

¶2

¶3

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8651 of 2016

¶4

====================================================== Upendra Sharma, S/o Late Raghunandan Sharma, Village- Majhaura, P.S.Basopatti, District- Madhubani. .... .... Petitioner/s

¶5

Versus

¶6

1. The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna. 2. The Principal Secretary, Agriculture Department, Govt. of Bihar, Patna. 3. The Principal Secretary, Food and Consumer Department, Govt. of Bihar, Patna.

¶7

1. The District Magistrate, Madhubani. 5. The District Manager, Bihar State Food and Civil Supply Corporation Limited, Madhubani.

¶8

1. The District Co-operative Officer, Madhubani. 7. The District Chairman, Co-operative Bank, Madhubani. 8. The Sub-Divisional Officer, Madhubani. 9. The Deputy Collector of Land Reforms, Sadar Madhubani. 10. The Circle Inspector, Basopatti, Madhubani. 11. The Executive Assistant, State Food Corporation, Basopatti, Madhubani. .... .... Respondent/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Shashi Bhushan Kumar Mr. Gagandeo Yadav Mr. Ravi Prakash Mr. Vinod Kumar

¶10

For the Respondent/s : Mr. Gautam Bose, AAG-8 For the Respondent-BSFC : Mr. Aditya Prakash Sahay ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER

¶11

2 27-06-2016 Heard Mr. Shashi Bhushan Kumar, learned counsel appearing for the petitioner, learned counsel for the State and Mr. Aditya Prakash Sahay, learned counsel appearing for the Bihar State Food and Civil Supplies Corporation (hereinafter referred to as ‘the Corporation’). The petitioner happens to be the Chairman of Khauna

¶12

Panchayat Primary Agriculture Credit Cooperative Society in

¶13

Patna High Court CWJC No.8651 of 2016 (2) dt.27-06-2016

¶14

¶15

the district of Madhubani (hereinafter referred to as the ‘PACS’) and raises grievance of his member-farmers whose paddy is stated to have been supplied to ‘the Corporation’ under the scheme of the Government of India enforced by the State of Bihar during the Kharif Marketing Season 2014-15, inter alia, complaining that the member-farmers have not been paid their price of paddy supplied to ‘the Corporation’.

¶16

Mr. Kumar, learned counsel appearing for the petitioner with reference to a chart brought on record vide Annexure 5 as well as the details present at Annexure- 6 submits that the society has made supply of 281.360 metric tons of paddy to ‘the Corporation’ and has received price in respect of 87.760 metric tons of paddy leaving a balance of 193.600 metric tons. He submits that the petitioner has been raising his grievance before the authority concerned for payment of the balance price of paddy but getting no response hence he has moved in the present writ petition.

¶17

Having heard learned counsel for the parties and considering the nature of dispute raised I deem it fit and proper to direct the petitioner to raise his grievance on behalf of his member-farmers before the Respondent no.5 (The District Manager, Bihar State Food and Civil Supplies Corporation

¶18

Patna High Court CWJC No.8651 of 2016 (2) dt.27-06-2016

¶19

¶20

Limited, Madhubani) with a copy to the Managing Director of ‘the Corporation’ for its consideration. The claim so raised should be accompanied with the supply details of paddy made by the individual member-farmers and which claim would be considered and disposed of by the District Manager in accordance with law after opportunity of hearing to the petitioner.

¶21

Needless to mention that in case the claim of the member-farmers of the petitioner is upheld, the same should be paid within three months from the date of raising of claim in the mode and manner so prescribed under the scheme. However, in case the claim is not upheld for any reason, it should be disposed of by a speaking order to be passed within the same period.

¶22

The writ petition is accordingly disposed of.

¶23

(Jyoti Saran, J)

¶24

SKPathak/-

¶25

Upendra Sharma v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Upendra Sharma v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Raju Kumar @ Raj Kishore Verma Vs The State Of Bihar and Ors.

Ram Vinay Prasad Vs The State Of Bihar and Ors.

Smt.Kumud Sahu Choudhary Vs the State of Bihar and Ors.

Sushil Kumar Vs The State Of Bihar and Ors.

Kunti Devi Vs The State Election Commission Panchayat and Ors.

Sabitri Devi Vs The State Of Bihar and Ors.