Dismissed

Public Interest Litigation Forum Through Secretary Shashi Bhushan Kumar and Ors. v. The State Of Bihar and Ors.

Patna HC10 Sept 2018CWJC/16122/2018

Case brief

AI extract

What is this about?

This PIL sought directions to adhere to the State Litigation Policy and constitute a Commission to speed up dispute resolution between rice millers and the Bihar State Food Corporation regarding non-deposit of CMRs. The Court found sufficient steps already taken by the State.

What did the court decide?

No further direction given; writ petition disposed off.

Public Interest Litigation Forum Through Secretary Shashi Bhushan… — Corruption | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16122 of 2018

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Public Interest Litigation Forum Through Secretary Shashi Bhushan Kumar Advocate, son of Late J.K. Gupta, resident of Lohiya Nagar, P.S. Kankarbagh, District Patna.

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Arti Kumari, Advocate, Daughter of Late H.N.P. Gupta, resident of Kankarbagh, P.S. Kankarbagh, District- Patna.

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Upendra Pratap Singh, Advocate, son of Late Mushafir Singh, resident of North Krishanapuri, P.S. Patliputra, District Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Bihar, Patna.

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The Secretary cum Legal Remembrance, Department of Law, Government of Bihar, Patna.

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The Principal Secretary, Department of Food and Civil Supplies, Government of Bihar, Patna.

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The Managing Director, Bihar State Food and Civil Supplies Corporation Limited, Patna.

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The Director General of C.B.I., Government of India, Bihar Division, Patna.

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The General Manager, Regional Office, Food Corporation of India, Patna.

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All District Magistrate of Bihar.

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All Superintendent of Police, Bihar.

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All District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Bihar.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioners : Mr. Shashi Bhushan Kumar, Advocate For the State : Mr. Lalit Kishore, AG For the B.S.F.C. : Mr. Anjani Kumar, Sr. Advocate. Mr. Shailendra Kumar Singh, Advocate. For Respondent No. 5 : Mr. Sanjay Kumar, SC, CBI

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CORAM: HONOURABLE THE CHIEF JUSTICE

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And HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

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Date : 10-09-2018

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We have heard the learned counsel for the

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petitioners and the State.

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Patna High Court CWJC No.16122 of 2018 dt.10-09-2018 2/5

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2. The present Public Interest Litigation has been initiated for the purposes of seeking direction to the respondents to adhere to the Bihar State Litigation Policy, 2011 with regard to the dispute between rice millers of the State of Bihar and Bihar State Food & Civil Supplies Corporation and constitution of a Commission to adjudicate the dispute, which would have the impact of cutting short the litigation and speedier recovery of disputed amount which the rice millers are required to deposit because of their failure to deposit corresponding CMR to the Bihar State Food & Civil Supplies Corporation (hereinafter referred to as the ‘corporation’). An additional prayer has been made for a direction to the CBI for investigating the aforesaid irregularity, which in the estimation of the writ petitioner had caused a loss of Rs. 1500 Crores to the State exchequer.

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3. Records reveal that pursuant to a policy decision by the Food and Public Distribution Department, the Bihar State Food & Civil Supplies Corporation (hereinafter called as the ‘corporation’) was appointed as a

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Patna High Court CWJC No.16122 of 2018 dt.10-09-2018 3/5

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nodal agency to facilitate procurement of paddy from the farmers through Primary Agricultural Cooperative Society (PACS) and milling the same through millers for different procurement years. During the execution of the aforesaid policy, it was discerned that the rice millers had received the paddy but did not deposit the corresponding CMR with the corporation.

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4. A direction was issued for lodging of FIR against those rice millers who had defalcated the public foodgrain and proceedings under the Bihar & Orissa Public Demand Recovery Act, 1914 were also initiated against the defaulter rice millers.

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5. The Supreme Court of India, in batch of SLPs preferred by the State of Bihar has directed for constitution of special courts for trying such cases relating to defalcation of public foodgrain by the rice millers only at five places viz. Patna, Gaya, Chapra, Darbhanga and Purnea. The special courts, it has been informed by the State, have been constituted which are trying the cases with respect to designated areas. Arbitration proceedings

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Patna High Court CWJC No.16122 of 2018 dt.10-09-2018 4/5

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also have been initiated and no criminal case has been halted because of the pendency of the arbitration proceedings between the rice millers and the corporation.

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6. We have also been informed that a learned Single Judge of this Court has further issued directions to the ADG, CID Bihar for supervision of the cases relating to scam in the procurement of paddy and misappropriation of CMR. The aforesaid officer has been directed to supervise

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all criminal cases relating to the aforesaid irregularity.

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7. A Special Investigation Team (SIT) has also been constituted for conducting investigation in a speedy manner. The progress report of the case is being monitored by the High Court in Cr. Misc. No. 52242 of 2013.

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8. It also appears from the records that regular meetings and supervision is being undertaken by the senior government functionaries for ensuring the faster pace of investigation in the aforesaid cases for the avowed purpose

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of bringing back the government revenue.

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Patna High Court CWJC No.16122 of 2018 dt.10-09-2018 5/5

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9. The Economic Offence Wing of the Cooprative

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Department has also been pressed into service for the

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aforesaid work. Because of the insistence of the State machinery, the rice millers are depositing bank guarantee for the amount of CMR which has not been deposited or

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are mortgaging their property. This, it has been argued, has secured the government money.

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10. We are satisfied that necessary steps have been taken by the respondents in the right direction for investigating the aforesaid cases and bringing back the government revenue as expeditiously as possible.

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11. Thus, no further direction is required to be given in the present proceedings.

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12. The writ petition is disposed off accordingly.

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(Mukesh R. Shah, CJ)

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( Ashutosh Kumar, J)

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krishna/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	12.09.2018
Transmission Date	12.09.2018

Public Interest Litigation Forum Through Secretary Shashi Bhushan Kumar and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Public Interest Litigation Forum Through Secretary Shashi Bhushan Kumar and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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