Patna High Court
Mangrama Primary Agricultural Credit ... vs The State Of Bihar & Ors on 7 December, 2015
Author: Vikash Jain
Bench: Vikash Jain
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1492 of 2014
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Mangrama Primary Agricultural Credit Society Ltd., Mangrama, P.O. and P.S. -
Paraya, District - Gaya through its Chairman, Surendra Sharma Son of Late
Bishundeo Sharma Resident of Village - Kasthua, P.S. - Paraya, District - Gaya
.... .... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna
2. The Development Commissioner, Bihar, Patna
3. The Principal Secretary, Food and Consumer Protection Department, Bihar,
Patna
4. The Principal Secretary to Government, Co-Operative Department, Vikas
Bhawan, Bailey Road, Patna
5. The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd.,
Patna
6. The District Magistrate, Gaya
7. The District Supply Officer-Cum-Nodal Officer, Gaya
8. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd.
Gaya
9. The District Co-Operative Officer, Gaya
10. The Managing Director, Magadh Central Co-Operative Bank Ltd., Gaya
11. The Circle Office, Paraya, District - Gaya cum Enforcement Officer,
Paddy/Rice under The Procurement Scheme
12. The Block Agriculture Officer-Cum-Incharge of Paddy Procurement Centre,
P.O. + P.S. - Paraya, District - Gaya
.... .... Respondents
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Appearance:
For the Petitioner : Mr. Lakmsesh Marvind, Advocate
Mr. Rajnish Kumar, Advocate
For the Respondents : Mr. Anshuman Singh, GP 24
Mr. Siddharth Shankar Pandey, AC to GP 24
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date: 07-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.
2. The present writ petition has been filed for a direction to the respondent authorities of the Bihar State Food and Civil Supplies Patna High Court CWJC No.1492 of 2014 dt.07-12-2015 2 Corporation to make immediate payment of the outstanding dues i.e. the price of 1632.40 quintals of paddy and its interest forthwith delivered under the Procurement Scheme to the paddy purchase centre to the said Corporation at Paraya.
3. Learned counsel for the petitioner submits that despite completing all the formalities and paperwork on his part, the requisite payment in respect of the paddy supplied has not yet been made to the petitioner.
4. Learned counsel for the respondents on the other hand disputes the supply of 1632.40 quintals of paddy in question by the petitioner or that it produced proper documents in support of his claim.
5. Having heard the parties and in the interest of justice, this Court grants liberty to the petitioner to approach the Block Agriculture Officer-cum-Incharge of Paddy Procurement Centre, Paraya, District Gaya (Respondent No. 12) and furnish any document as may be remaining for processing the claim of the petitioner. The Block Agriculture Officer-cum- Incharge of Paddy Procurement Centre, Paraya shall ensure that a complete set of documents including any fresh document as may be furnished by the petitioner are made available to the Circle Officer, Paraya -cum- Enforcement Officer (Respondent No. 11) under due intimation to the District Co- operative Officer, Gaya (Respondent No. 9). Upon such documents so being received from the Block Agriculture Officer, Paraya, the Circle Officer, Paraya shall proceed to issue the Enforcement Certificate without further delay and in any event within a period of eight weeks thereof.
6. It is made clear that in case the Circle Officer, Paraya is of Patna High Court CWJC No.1492 of 2014 dt.07-12-2015 3 the view that any further action/document is required of the petitioner, it shall be his duty to inform the petitioner in that regard expeditiously so as to ensure that the Enforcement Certificate is issued within the stipulated time.
7. The writ petition stands disposed of with the aforesaid observation and directions.
(Vikash Jain, J) Chandran U