M/S Chitransh Rice Mill & Ors vs The State Of Bihar & Ors on 2 May, 2014

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Patna High Court - Orders

M/S Chitransh Rice Mill & Ors vs The State Of Bihar & Ors on 2 May, 2014

Bench: Ramesh Kumar Datta

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.7854 of 2014
                 ======================================================
                 M/s Chitransh Rice Mill & Ors
                                                                     .... .... Petitioner/s
                                                  Versus
                 The State of Bihar & Ors
                                                                    .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioners    :    Mr. Amit Prakash
                 For the BSFC           :    Mr. R.S.Pradhan, Sr. Advocate
                                             Mr. Shailendra Kumar Singh
                 For the State          :    Mr. Jai Shankar Barnwal GA-5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA
                 ORAL ORDER

2   02-05-2014

Learned counsel for the 14 petitioners, who are all rice millers, submits that the fact is not in dispute that the petitioners, after having received the paddy from the respondent- Food and Civil Supplies Corporation, had milled the same and it was for the respondent-Corporation to have lifted the milled rice and deposited it with the Food Corporation of India.

It is submitted that the cut off date for such deposit of rice was fixed by the FCI for the Kharif Season 2012- 13 as 31.12.2013 but despite repeated intimations, reminders and entreaties by the petitioners the respondent-State Food and Civil Supplies Corporation failed to lift the rice and now the petitioners are being threatened to make payment for the same which they are not in a position to make.

Patna High Court CWJC No.7854 of 2014 (2) dt.02-05-2014

2/3

Learned counsel for the Corporation points out that the Corporation has issued circular for the Kharif season 2011-12 permitting the mills to sell the rice in the open market and would be willing to issue similar circular with respect to Kharif season 2012-13 also. In response to the same learned counsel for the petitioners submits that it is not possible for the petitioners to sell the rice in the open market at the rate that has been fixed by the respondents and sale of such rice in the open market would cause loss to the petitioners which is not occasioned by any fault on their part and thus it is the respondent- Corporation which should lift the rice and sell it in the open market, if it so wishes, instead of threatening the petitioners with coercive action.

Learned counsel for the Corporation further points out that the petitioners ought to have filed separate writ petitions as some of the petitioner-mills may not have complied with their part of the contract. In such case this Court may consider directing them to file separate writ applications after the counter affidavit is filed by the respondents.

As prayed for by learned counsel for the respondent-Food and Civil Supplies Corporation, put up on 30th June, 2014 under the heading "For Admission-I". Patna High Court CWJC No.7854 of 2014 (2) dt.02-05-2014 3/3

Until further orders, no coercive steps shall be taken against the petitioners.

S.Pandey/-                              (Ramesh Kumar Datta, J)

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Patna High Court - Orders