Disposed

M/s Aashu Rice Mill v. The State Of Bihar and Ors.

Patna HC6 Apr 2018CWJC/6097/2018

Case brief

AI extract

What is this about?

Petitioner sought writ for payment of outstanding milling and transportation dues. Court disposed of the petition granting liberty to approach the Managing Director with a fresh representation for redressal within two weeks.

What did the court decide?

Liberty granted to approach Managing Director with fresh representation for redressal within two weeks; payment to be ensured within six weeks if admitted.

M/s Aashu Rice Mill Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Civil Writ Jurisdiction Case No.6097 of 2018

¶3

=========================================================== M/s Aashu Rice Mill, Garkha through its Proprietor Rupesh Kumar S/o Birendra Singh Resident of Village- Sadhpur, P.S. Garkha, District- Saran at Chapra.

¶4

.... .... Petitioner

¶5

Versus

¶6

The State of Bihar through its Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

¶7

The Secretary, Food and Consumer Department, Govt. of Bihar, Patna.

¶8

The Bihar State Food and Civil Supply Corporation Limited through its Managing Director, Bihar, Patna.

¶9

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

¶10

The General Manager, Claim, Bihar State Food and Civil Supply Corporation Limited, Bihar, Patna.

¶11

The General Manager, Finance, Bihar State Food and Civil Supply Corporation Limited, Bihar, Patna.

¶12

The District Manager, Bihar State Food and Civil Supply Corporation Limited, Dak Banglow Road, D.D.C. Awash, Chapra.

¶13

.... .... Respondents

¶14

=========================================================== Appearance : For the Petitioner : Mr. Tej Pratap Singh, Advocate For the Respondents : Mr. S. RAZA AHMAD-AAG5 For the BSFC : Mr. Shailendra Kr. Singh,

¶15

Dr. Kislay, Advocates

¶16

=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 06-04-2018

¶17

Heard learned counsel for the petitioner and learned

¶18

counsel for the respondents.

¶19

This matter has been taken up out of turn on the request of learned counsel for the petitioner for payment of its outstanding dues and the petitioner sought for the following reliefs –

¶20

(i) To issue a writ in the nature of mandamus commanding the Respondents authority to make payment of admitted total dues of Rs. 18,07,322.00 with

¶21

Patna High Court CWJC No.6097 of 2018 dt.06-04-2018

¶22

2/3

¶23

interest from the due date to the petitioner which has been occurred for milling charge and transportation for the two Sessions 2013-14 (4,74,235.00) and 2014-15- Rs. 13,33,087.00 which is unpaid in spite of several representations to the concerned authorities. (ii) To pass appropriate order, direction for which the petitioner is entitled for under the facts and circumstances of the case.”

¶24

Learned counsel for the petitioner submits that pursuant to the agreement with the Corporation for milling and transportation of rice, the petitioner, after execution of the work, submitted the final bill for Rs. 18,07,322/- but the said amount remains outstanding to be paid against the bills of the petitioner.

¶25

Learned counsel for the respondents appear and have been heard.

¶26

Having regard to the nature of the grievances of the petitioner and with consent of the parties, this writ petition is disposed of, granting liberty to the petitioner to approach the Managing Director, Bihar State Food and Civil Supply Corporation Limited, Bihar, Patna. (Respondent No. 4) with a fresh representation for redressal of its grievances. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of, ensuring payment to the extent found due to the petitioner, within a period of six weeks from the date of receiving the petitioner’s

¶27

Patna High Court CWJC No.6097 of 2018 dt.06-04-2018

¶28

3/3

¶29

representation. Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioner to receive payment together with simple interest at the rate of 6% per annum on the admitted dues calculated from the date when the amount became due till the date of its actual payment. In case the petitioner’s claim is found inadmissible, whether in whole or in part, the petitioner’s representation shall be disposed of by a speaking order in that regard.

¶30

It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner.

¶31

(Vikash Jain, J)

¶32

B.T/Chandran

¶33

AFR/NAFR	NAFR
CAV DATE	N.A.
Uploading Date	07.04.2018
Transmission Date	N.A.

M/s Aashu Rice Mill v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

M/s Aashu Rice Mill 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

Manki Rai Vs The State Of Bihar and Ors.

Narottam Kumar Singh Vs The State Of Bihar and Ors.

M/s Columbia Paints Industries Pvt. Ltd, and Ors. Vs The Punjab National Bank Through Its Chief Manager and Ors.

M/s Shankar Shri and Sons Cold Storage Pvt. Ltd. Vs State Bank Of India and Ors.

Ramesh Prasad Chaurasia @ Ramesh Prasad Vs The State Of Bihar and Ors.

Ganga Meorial and Educational Society and Ors. Vs The Central Bank Of India, Through Its Chief Manager and Ors.