In an oral order, the Patna High Court declined to exercise writ jurisdiction to direct respondents to pay dues for supplied wheat. The court noted disputed claims and pending criminal proceedings, disposing of the application without granting relief.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12390 of 2017
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Maniari Kharwa Primary Agriculture Credit Society (P A C S), Panchayast Maniyari Khairwa, Block – Dumra, District – Sitamarhi, through it’s Chairman Shankar Sah, Son of late Ram Swaroop Sah, Resident of VillageGovind, Phandah, P.s. and District-Sitamarhi.
... ... Petitioner
Versus
... ... Respondents
| ============== Appearance : For the Petitioner/s For the State For the BSFC For the Resp No.8 ============== |
===== : : : : ===== |
=================================== Mr.Birendra Kumar, Advocate Mr. Bimal Kumar, Advocate Mr. Uday Shankar Sharan Singh, Advocate Mr. Harish Kumar, Advocate Mr. Pushpendra Kr. Singh, Advocate =================================== |
|---|---|---|
| CORAM: HONOU | RABL | E MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER |
8 18-07-2019 Petitioner, in the present case, is seeking a direction to
Patna High Court CWJC No.12390 of 2017(8) dt.18-07-2019 2/3
the respondents to make payment of the price of 624.40 quintals of wheat, which according to the petitioner is still due.
In the supplementary counter affidavit which has been filed pursuant to the direction of this court vide order dated 19.07.2018, the respondent no. 11 has made a specific statement that the petitioner PACS had supplied a total of 1218 quintals of paddy at Dumra Purchase Centre for which the payments have already been made.
It is further stated that the petitioner claims to have supplied a total 1824.40 quintals of paddy and is relying upon a computerized receipt showing 1560 bags of paddy but the said receipt has no legal identity and in fact for the misappropriation and irregularities committed by the petitioner PACS in collusion with some miscreant officials deputed at the Centre a criminal proceeding has also been initiated by filing an F.I.R.
In the supplementary counter affidavit, thus, a stand has been taken that the claim of the petitioner is disputed.
In the aforesaid view of the matter, this court is not willing to exercise it’s extraordinary writ jurisdiction to entertain the claim of the petitioner. So far as the writ application is concerned, no relief may be granted in this proceeding.
Patna High Court CWJC No.12390 of 2017(8) dt.18-07-2019 3/3
Learned counsel for the Corporation submits that investigation is still going on. The petitioner will, however, be at liberty to seek his remedy whatsoever available in law based on the outcome of the investigation.
The Writ Application stands disposed of.
(Rajeev Ranjan Prasad, J)
Rajeev/-
U
Maniari Kharwa Primary Agriculture Credit Society (P A C S) and others
The State Of Bihar
The Secretary, Cooperative Department, Bihar
The Registrar, Cooperative Society, Bihar
The District Magistrate, Sitamarhi
The Central Cooperative Bank, Sitamarhi and others
Rajeev Ranjan Prasad
As recorded by the court registry
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