Sone Valley Rice Mill vs The State Of Bihar & Ors on 16 August, 2013

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Patna High Court - Orders

Sone Valley Rice Mill vs The State Of Bihar & Ors on 16 August, 2013

Bench: Kishore Kumar Mandal

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.8825 of 2013
                 ======================================================
                  Sone Valley Rice Mill, At - P.O. Sahuka, Ramgarh, District- Kaimur
                 (Bhabhua) Through Its Proprietor Sudhakar Singh S/O Sri Jagdanand Singh
                 At - P.O. Sahuka, P.S.- Ramgarh, District- Kaimur (Bhabhua).

                                                                     .... ....   Petitioner/s
                                                   Versus
                 1. The State Of Bihar, Through the Secretary Food Civil Supply and
                 Consumer Protection, Bihar, Patna
                 2. The Bihar State Food and Civil Supply Corporation Ltd., Patna through
                 Its Managing Director
                 3. The Managing Director Bihar State Food and Civil Supply Corporation
                 Ltd., Patna
                 4. The District Manager, Bihar State Food and Civil Supply Corporation
                 Ltd., Kaimur (Bhabhua)
                 5. The District Magistrate, Kaimur (Bhabhua).

                                                        .... .... Respondent/s
                 ======================================================

                 CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR
                 MANDAL
                 ORAL ORDER

2   16-08-2013

Heard Mr. Dinu Kumar for the petitioner and Mr. R.S. Pradhan learned senior counsel for the Bihar State & Food Civil Supplies Corporation (for short 'Corporation').

The petitioner has prayed for a direction upon the respondent- SFC to lift the CMR in lieu of the paddy/grain supplied by the respondents. There is no controversy that the agreement contemplates a date within which such CMR was/were to be supplied. The respondents have already resolved that such CMR cannot be accepted after 30-4-13. In that view of the matter, this Court finds that no relief can be granted to the petitioner.

Mr. Dinu Kumar, learned counsel, submits that the Patna High Court CWJC No.8825 of 2013 (2) dt.16-08-2013 Page 2 /2 petitioner will consider paying the cost of the CMR to the respondents as per the rate fixed by the respondents in lieu of CMR.

The application is dismissed with the said liberty. Let it be recorded that the petitioner has been proceeded against under the provisions of the Bihar & Orissa Public Demands Recovery Act, 1914 and a writ petition has been filed by the petitioner being CWJC No. 13746 of 2013 raising similar issue(s) which is already pending consideration before this Court.

(Kishore Kumar Mandal, J) Shyam/-

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Patna High Court - Orders