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Ghosiyan Primary Agriculture Credit Cooperative Society Ltd. vs. The Union Of India& Ors.

Final Order
Court:Patna High Court, Bihar
Judge:Hon'ble Mihir Kumar Jha
Case Status:Disposed
Order Date:3 Dec 2014
CNR:BRHC010372212013

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Disposed

Before:

Hon'ble Mr. Justice Mihir Kumar Jha

Listed On:

3 Dec 2014

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20076 of 2013

======================================================

Chandanpura Primary Agriculture Credit Cooperative Society Ltd. Having Its Office At Chandanpura, P.S. Tilouthu, District - Rohtas, Through Its Chairman Ajay Kumar Srivastava Son Of Late Kameshwar Lal Resident Of Village - Chandanpura, P.S. Tilouthu, District - Rohtas

.... .... Petitioner/s

Versus 1. The Union of India through the Secretary, Ministry of Consumer's Affairs, Food and Public Distribution, Govt. of India, New Delhi.

  1. The Food Corporation of India, Exhibition Road, Patna through its Managing Director/General Manager.

---------- Respondent 1st Party

    1. The State of Bihar through the Secretary, Depot. of Food and Public Distribution, Bihar, Patna.
    1. The District Magistrate, Rohtas.
    1. The District Supply Officer, Rohtas.
    1. The District Cooperative Officer, Rohtas cum Enforcement Officer.
    1. The Area Manager, Food Corporation of India, Gaya.
    1. The Depot Incharge, Sasaram Godwn, Food Corporation of India, Bihar, Region.
    1. The Quality Central Oficer, Sasaram Depot of Food Corporation of India, Sasaram, Dist. Rohtas.

.... .... Respondent/s

======================================================

with Civil Writ Jurisdiction Case No.23115 of 2013 ======================================================

Chatauna Primary Agriculture Credit Cooperative Society Ltd Having Its Office At Chatauna, P.S- Nokha District- Rohtas, Through Its Chairman Sunil Kumar Singh S/O Sri Wakil Choudhary Resident Of Village-Ramnagar, Ps- Nokha, District- Rohtas.

.... .... Petitioner/s

Versus

    1. The Union Of India, Through The Secretary, Ministry Of Cunsumer'S Affairs, Food And Public Distribution, Govt. Of India, New Delhi.
    1. The Food Corporation Of India, Exhibition Road, Patna Through Its Managing Director/ General Manager.

---------- Respondent 1st Party

    1. The State Of Bihar Through The Secretary Deptt. Of Food And Public Distribution Bihar, Patna.
    1. The District Magistrate, Rohtas.
    1. The District Supply Officer, Rohtas.
    1. The District Cooperative Officer, Rohtas Cum Enforcement Officer.
    1. The Area Manager, Food Corporation Of India, Gaya.
    1. The Depot Incharge, Sasaram Godown, Food Corporation Of India, Bihar, Region.
    1. The Quality Control Officer, Sasaram Depot Of Food Corporation Of India, Sasaram, Distt- Rohtas.

.... .... Respondent 2nd Set

======================================================
with<br>Civil Writ Jurisdiction Case No.23117 of 2013<br>======================================================
Pipara Samardiha Pacs Through Its Chairman Abadh Bihari Rai S/O Late<br>Haridwar Rai Resident Of Village Pipara, Police Station-<br>Karahagar,<br>District- Rohtas
<br>Petitioner/s<br>Versus<br>1.<br>The Union Of India, Through Its Secretary, Ministry Of Consumer'S<br>Affairs, Food And Public Distribution, Govt. Of India, New Delhi.<br>2.<br>The Food Corporation Of India, Exhibition Road, Patna Through Its<br>Managing Director/ General Manager.<br>---------- Respondent 1st Party<br>3.<br>The State Of Bihar, Through The Secretary, Department Of Food And<br>Public Distribution, Bihar, Patna.<br>4.<br>The District Magistrate, Rohtas.<br>5.<br>The District Supply Officer, Rohtas.<br>6.<br>The District Cooperative Officer, Rohtas Cum Enforcement Officer.<br>7.<br>The Area Manager, Food Corporation Of India, Gaya.<br>8.<br>The Depot Incharge, Sasaram Godown, Food Corporation Of India,<br>Sasaram, District- Rohtas<br>9.<br>The Quality Control Officer, Sasaram Depot Food Corporation Of India,<br>Sasaram, District- Rohtas.
Respondent 2nd Party
======================================================<br>with<br>Civil Writ Jurisdiction Case No.23048 of 2013
======================================================<br>Ghosiyan Primary Agriculture Credit Cooperative Society Ltd. Having Its<br>Office At Ghosiyan, P.S. Nokha District Rohtas, Through Its Chairman,<br>Umesh Singh Son Of Late Ram Pujan Singh Resident Of Village<br>Dharupur, P.S. Nokha, District Rohtas

Versus

    1. The Union Of India, Through The Secretary, Ministry Of Consumer'S Affairs, Food And Public Distribution, Govt. Of India, New Delhi
    1. The Food Corporation Of India, Exhibition Road, Patna Through Its Managing Director/ General Manager

---------- Respondent 1st Party

.... .... Petitioner/s

    1. The State Of Bihar Through The Secretary, Deptt. Of Food And Public Distribution, Patna
    1. The District Magistrate, Rohtas
    1. The District Supply Officer, Rohtas Cum Enforcement Officer
    1. The District Cooperative Officer, Rohtas Cum Enforcement Officer
    1. The Area Manager, Food Corporation Of India, Gaya
    1. The Depot Incharge, Sasaram Godown, Food Corporation Of India

Bihar Region

  1. The Quality Control Officer, Sasaram Depot Of Food Corporation Of India, Sasaram, Distt. Rohtas

.... .... Respondent 2nd Party

with Civil Writ Jurisdiction Case No.23123 of 2013

======================================================

======================================================

Nonsari Primary Agriculture Credit Cooperative Society Ltd., Having Its Office At Nonsari, P.S- Nokha, District- Rohtas, Through Its Chairman Narendra Dubey S/O Late Suchit Dubey Resident Of Village- Sisirit, P.S-Nokha, District- Rohtas.

.... .... Petitioner/s

Versus

    1. The Union Of India, Through The Secretary, Ministry Of Consumer'S Affairs, Food And Public Distribution Govt. Of India, New Delhi.
    1. The Food Corporation Of India, Exhibition Road, Patna, Throughi Ts Managing Director/ General Manager.

---------- Respondent 1st Party

    1. The State Of Bihar Through The Secretary Deptt. Of Food And Public Distribution Bihar, Patna.
    1. The District Magistrate, Rohtas.
    1. The District Supply Officer, Rohtas.
    1. The District Cooperative Officer, Rohtas Cum Enforcement Officer.
    1. The Area Manager, Food Corporation Of India, Gaya.
    1. The Depot Incharge, Sasaram Godown, Food Corporation Of India, Bihar Region.
    1. The Quality Control Officer, Sasaram Depot Of Food Corporation Of India, Sasaram, Distt- Rohtas.

.... .... Respondent 2nd Party

with Civil Writ Jurisdiction Case No.20124 of 2013

======================================================

======================================================

Ugahni Primary Agriculture Credit Cooperative Society Ltd. Having Its Office At Ugahni, P.S. Chemari, District- Rohtas, Through Its Chairman Mithlesh Singh Son Of Rajbali Singh Resident Of Village- Bairiya P.S. Cheyari, District Nawada

.... .... Petitioner/s

Versus

    1. The Union Of India, Through The Secretary, Ministry Of Consumer's Affairs, Food And Public Distribution Govt. Of India, New Delhi.
    1. The Food Corporation Of India, Exhibition Road, Patna, Through its Managing Director/ General Manager.

---------- Respondent 1st Party

    1. The State Of Bihar Through The Secretary Deptt. Of Food And Public Distribution Bihar, Patna.
    1. The District Magistrate, Rohtas.
    1. The District Supply Officer, Rohtas.
    1. The District Cooperative Officer, Rohtas Cum Enforcement Officer.
    1. The Area Manager, Food Corporation Of India, Gaya.

  1. The Depot Incharge, Sasaram Godown, Food Corporation Of India, Bihar Region.

  2. The Quality Control Officer, Sasaram Depot Of Food Corporation Of India, Sasaram, Distt- Rohtas.

.... .... Respondent 2nd Party

with Civil Writ Jurisdiction Case No.21052 of 2013 ======================================================

======================================================

Mohamadpur Primary Agriculture Credit Cooperative Society Ltd. Having Its Office At Mohamadpur, P.S. Shivsagar, District - Rohtas Its Office At Mohamadpur, P.S. Shivsagar, District - Rohtas, Through Its Chairman Om Prakash Bind Son Of Kedar Nath Bind Resident Of Village - Mohamadpur, P.S. Shivsagar, District - Rohtas

.... .... Petitioner/s

  • Versus 1. The Union Of India, Through The Secretary Ministry Of Consumer' S Affairs, Food And Public Distribution, Govt. Of India, New Delhi
    1. The Food Corporation Of India, Exhibition Road, Patna Through Its Managing Director/General Manager

---- Respondent 1st Set

    1. The State Of Bihar Through The Secretary, Depott. Of Food And Public Distribution, Bihar, Patna
    1. The District Magistrate, Rohtas
    1. The District Supply Officer, Rohtas
    1. The District Cooperative Officer, Rohtas Cum Enforcement Officer
    1. The Area Manager, Food Corporation Of India, Gaya
    1. The Depot Incharge, Sasaram Godown, Food Corporation Of India, Bihar, Region
    1. The Quality Control Officer, Sasaram Depot Of Food Corporation Of India, Sasaram, Distt. - Rohtas

.... .... Respondent 2nd Set

with Civil Writ Jurisdiction Case No.21068 of 2013 ======================================================

======================================================

Kuchila Primary Agriculture Credit Cooperative Society Ltd. Having Its Office At Kuchila P.S. Kuchila, District Rohtas, Through It Chairman Anil Kumar Rai Son Of Late Lal Bahadur Rai Resident Of Village And P.S. Kuchila, District - Rohtas

.... .... Petitioner/s

  • Versus 1. The Union Of India, Through The Secretary, Ministry Of Consumer's Affairs, Food And Public Distribution, Govt. Of India, New Delhi
    1. The Food Corporation Of India, Exhibition Road, Patna Through Its Managing Director / General Manager

---- Respondent 1st Set

    1. The State Of Bihar Through The Secretary, Deptt. Of Food And Public Distribution, Bihar, Patna
    1. The District Magistrate, Rohtas
    1. The District Supply Officer, Rohtas
    1. The District Cooperative Officer, Rohtas Cum Enforcement Officer
    1. The Area Manager, Food Corporation Of India, Gaya
    1. The Depot Incharge, Sasaram Godown, Food Corporation Of India, Bihar, Region
    1. The Quality Control Officer, Sasaram Depot Food Corporation Of India, Sasaram, District - Rohtas

.... .... Respondents 2nd Set

with Civil Writ Jurisdiction Case No.22588 of 2013 ======================================================

======================================================

Beladi Primary Agriculture Credit Cooperative Society Ltd. Having Its Office At Beladi, P.S. Sasaram, District - Rohtas Through Its Chairman Munna Singh Son Of Sri Vijaymal Singh Resident Of Village Beda, P.S. Sasaram, District Rohtas

Versus

.... .... Petitioner/s

    1. The Union Of India, Through The Secretary, Ministry Of Consumer'S Affairs, Food And Public Distribution, Govt. Of India, New Delhi
    1. The Food Corporation Of India, Exhibition Road, Patna Through Its Managing Director / General Manager

---- Respondent 1st Set

    1. The State Of Bihar Through The Secretary, Depott. Of Food And Public Distribution, Bihar, Patna
    1. The District Magistrate, Rohtas
    1. The District Supply Officer, Rohtas
    1. The District Cooperative Officer, Rohtas Cum Enforcement Officer
    1. The Area Manager, Food Corporation Of India, Gay
    1. The Depot Incharge, Sasaram Godown, Food Corporation Of India, Bihar Region
    1. The Quality Control Officer, Sasaram Depot Food Corporation Of India, Sasaram, District - Rohtas

.... .... Respondent 2nd Set

====================================================== with Civil Writ Jurisdiction Case No.22558 of 2013

======================================================

Saisar Primary Agriculture Credit Cooperative Society Ltd. Having Its Office At Saisar, P.S. Dinara, District Rohtas Through Its Chairman Nand Kumar Gupta Son Of Late Ramsinghashan Sah Resident Of Village - Gangdiha, P.S. Dinara, District - Rohtas

.... .... Petitioner/s

Versus

  1. The Union Of India, Through The Secretary, Minstary Of Consumer'S Affiars, Food And Public Distribution, Govt. Of India, New Delhi

  2. The Food Corporation Of India, Exhibition Road, Patna Through Its Managing Director / General Manager

---- Respondent 1st Set

    1. The District Magistrate, Rohtas
    1. The District Supply Officer, Rohtas
    1. The District Cooperative Officer, Rohtas Cum Enforcement Officer
    1. The Area Manager, Food Corporation Of India, Gaya Null Null
    1. The Depot Incharge, Sasaram Godown, Food Corporation Of India, Bihar Region
  1. The Quality Control Officer, Sasaram Depot Food Corporation Of India, Sasaram, District - Rohtas

.... .... Respondent 2nd Set

======================================================

with Civil Writ Jurisdiction Case No.22560 of 2013 ======================================================

Agarsih Dihara Sawan Dihari Pacs Through Its Chairman Satyanarayan Mishra Son Of Raj Narayan Mishra Resident Of Village - Mishrawalia, Police Station - Kochas, District - Rohtas

.... .... Petitioner/s

Versus

    1. The Union Of India, Through Its Secretary, Ministry Of Consumer'S Affairs, Food And Public Distribution, Govt. Of India, New Delhi
    1. The Food Corporation Of India, Exhibition Road, Patna Through Its Managing Director / General Manager

---- Respondent 1st Set

    1. The State Of Bihar, Through The Secretary, Department Of Food And Public Distribution, Bihar, Patna
    1. The District Magistrate, Rohtas
    1. The District Supply Officer, Rohtas
    1. The District Cooperative Officer, Rohtas Cum Enforcement Officer
    1. The Area Manager, Food Corporation Of India, Gay
    1. The Depot Incharge, Sasaram Godown, Food Corporation Of India, Sasaram, District - Rohtas
    1. The Quality Control Officer, Sasaram Depot Food Corporation Of India, Sasaram, District - Rohtas

.... .... Respondent 2nd Set

====================================================== with Civil Writ Jurisdiction Case No.20094 of 2013

Saraiya Primary Agriculture Credit Cooperative Society Ltd. Having Its Office At Saraiya, P.S. Tilouthu, Distt. - Rohtas, Through Its Chairman Jagnarain Singh Son Of Late Nathuni Singh Resident Of Village - Rakian, P.S. Tilauthu, District - Rohtas

======================================================

.... .... Petitioner/s

Versus

    1. The Union Of India, Through The Secretary, Ministry Of Consumer'S Affairs, Food And Public Distribution, Govt. Of India, New Delhi
    1. The Food Corporation Of India, Exhibition Road, Patna Through Its Managing Director/General Manager
    • ---- Respondent 1st Set
    1. The State Of Bihar Through The Secretary, Deptt. Of Food And Public Distribution, Bihar, Patna
    1. The District Magistrate, Rohtas
    1. The District Supply Officer, Rohtas
    1. The District Cooperative Officer, Rohtas Cum Enforcement Officer
    1. The Area Manager, Food Corporation Of India, Gaya Null Null
    1. The Depot Incharge, Sasaram Godown, Food Corporation Of India, Bihar Region
    1. The Quality Central Officer, Sasaram Depot Of Food Corporation Of India, Sasaram Distt. - Rohtas

.... .... Respondent 2nd Set

with Civil Writ Jurisdiction Case No.20095 of 2013 ======================================================

======================================================

Sikariya Primary Agriculture Credie Cooperative Society Ltd. Having Its Office At Sikariya, P.S. Sikariya, District - Rohtas Through Its Chairman Sanjay Kumar Singh Son Of Loknath Singh Resident Of Village - Chandipatti, P.S. Karakat, District - Rohtas

Versus

.... .... Petitioner/s

    1. The Union Of India, Through The Secretary, Ministry Of Consumer'S Affairs, Food And Public Distribution, Govt. Of India, New Delhi
    1. The Food Corporation Of India, Exhibition Road, Patna Through Its Managing Director/General Manager

---- Respondent 1st Set

    1. The State Of Bihar Through The Secretary, Deptt. Of Food And Public Distribution, Bihar, Patna
    1. The District Magistrate, Rohtas
    1. The District Supply Officer, Rohtas
    1. The District Cooperative Officer, Rohtas Cum Enforcement Officer
    1. The Area Manager, Food Corporation Of India, Gaya Null Null
    1. The Depot Incharge, Sasaram Godown, Food Corporation Of India, Bihar Region
    1. The Quality Central Officer, Sasaram Depot Of Food Corporation Of India, Sasaram Distt. - Rohtas

.... .... Respondent 2nd Set

with Civil Writ Jurisdiction Case No.20105 of 2013

====================================================== Gorari Primary Agriculture Credit Cooperative Society Ltd. Having Its

======================================================

Office At Gorari, P.S. Gorari, Karakat, District- Rohtas, Through Its Chairman Arbind Sah Son Of Sri Lathuchand Sah Resident Of Village-Gorari, P.S. Gorari, Karakat District- Rohtas

.... .... Petitioner/s

  • Versus 1. The Union Of India, Through The Secretary, Ministry Of Consumer'S Affairs, Food And Public Distribution, Govt. Of India, New Delhi
    1. The Food Corporation Of India, Exhibition Road, Patna Through Its Managing Director/General Manager
  • ---- Respondent 1st Set 3. The State Of Bihar Through The Secretary, Deptt. Of Food And Public Distribution, Bihar, Patna
  1. The District Magistrate, Rohtas
    1. The District Supply Officer, Rohtas
    1. The District Cooperative Officer, Rohtas Cum Enforcement Officer
    1. The Depot Incharge, Sasaram Godown, Food Corporation Of India, Bihar Region

.... .... Respondent 2nd Set

with Civil Writ Jurisdiction Case No.20134 of 2013

======================================================

======================================================

Kaserua Primary Agriculture Credit Cooperative Society Ltd. Having Its Office At Kaserua, P.S. Dakigaon, District Rohtas, Through Its Chairman Kameshwar Singh Son Of Ayodhya Singh, Resident Of Village Kaserua P.S. Darigaon, District Rohtas

.... .... Petitioner/s

  • Versus 1. The Union Of India, Through The Secretary, Ministry Of Consumer'S Affairs, Food And Public Distribution, Govt. Of India, New Delhi
    1. The Food Corporation Of India, Exhibition Road, Patna Through Its Managing Direcotr/General Manager

------ Respondent 1st Set

    1. The State Of Bihar Through The Secretary, Deptt. Of Food And Public Distribution, Bihar, Patna
    1. The District Magistrate, Rohtas
    1. The District Supply Officer, Rohtas
    1. The District Cooperative Officer, Rohtas Cum Enforcement Officer
    1. The Area Manager, Food Corporation Of India, Gaya
    1. The Depot Incharge, Sasaram Godown, Food Corporation Of India Bihar Region
    1. The Quality Central Officer, Sasaram Depot Of Food Corporation Of India, Sasaram Distt. Rohtas

.... .... Respondent 2nd Set

with Civil Writ Jurisdiction Case No.20135 of 2013

======================================================

======================================================
Sevahi Primary Agriculture Credit Cooperative Society Having Its Office<br>At Sevahi, P.S. Tilauthu, District Rohtas, Through Its Chairman Ravindra<br>Singh Son Of Late Fekan Singh Resident Of Village-<br>Mirjapur, P.S.<br>Tilauthu, District- Rohtas
<br>Petitioner/s
Versus
1.The Union Of India, Through The Secretary, Ministry Of Consumer'S<br>Affairs Food And Consumer Distribution, Govt. Of India, New Delhi
2.The Food Corporation Of India, Exhibition Road, Patna Through Its
Managing Director/ General Manager
-------- Respondent 1st Party
3.The State Of Bihar Through The Secretary, Deptt. Of Food And Public
Distribution, Bihar, Patna
4.The District Magistrate, Rohtas
5.The District Supply Officer, Rohtas
6.The District Cooperative Officer, Rohtas Cum Enforcement Officer
7.The Area Manager, Food Corporation Of India, Gaya
8.The Depot Incharge, Sasaram Godown, Food Corporation Of India
Bihar Region
9.The Quality Central Officer, Sasaram Depot Of Food Corporation Of
India, Sasaram District- Rothas
Respondent 2nd Set
======================================================
with
Civil Writ Jurisdiction Case No.20258 of 2013

Rampur Primary Agriculture Credit Cooperative Society Ltd. Having Its Office At Rampur, P.S. Karahgar, District Rohtas, Through Its Chairman Ranjan Kumar Son Of Parmeshwar Singh, Resident Of Village- Panjar, P.S. Karahgar, District- Rohtas

======================================================

.... .... Petitioner/s

Versus

    1. The Union Of India, Through The Secretary, Ministry Of Consumer's Affairs, Food And Public Distribution, Govt. Of Bihar, New Delhi
    1. The Food Corporation Of India, Exhibition Road, Patna Through Its Managing Director/General Manager

----- Respondent 1st Party

    1. The State Of Bihar Through The Secretary, Depott. Of Food And Public Distribution, Bihar, Patna
    1. The District Magistrate, Rohtas
    1. The District Supply Officer, Rohtas
    1. The District Cooperative Officer, Rohtas Cum Enforcement Officer
    1. The Area Manager, Food Corporation Of India, Gaya
    1. The Depot Incharge, Sasaram Godown, Food Corporation Of India, Bihar Region
    1. The Quality Control Officer, Sasaram Depot Of Food Corporation Of India, Sasaram, Dist. Rohtas

.... .... Respondent 2nd Party

====================================================== with Civil Writ Jurisdiction Case No.20083 of 2013 ====================================================== Pakhraha Primary Agriculture Credit Cooperative Society Ltd. Having Its Office At Pokhraha, P.S. Nasriganj, Distt. - Rohtas, Through Its Chairman Om Prakash Singh Son Of Late Nathuna Singh Resident Of Village - Badiha, P.S. Nasriganj, District - Rohtas .... .... Petitioner/s Versus 1. The Union Of India, Through The Secretary, Ministry Of Consumer's Affairs, Food And Public Distribution, Govt. Of Bihar, New Delhi 2. The Food Corporation Of India, Exhibition Road, Patna Through Its Managing Director/General Manager ----- Respondent 1st Party 3. The State Of Bihar Through The Secretary, Depott. Of Food And Public Distribution, Bihar, Patna 4. The District Magistrate, Rohtas 5. The District Supply Officer, Rohtas 6. The District Cooperative Officer, Rohtas Cum Enforcement Officer 7. The Area Manager, Food Corporation Of India, Gaya 8. The Depot Incharge, Sasaram Godown, Food Corporation Of India, Bihar Region 9. The Quality Control Officer, Sasaram Depot Of Food Corporation Of India, Sasaram, Dist. Rohtas .... .... Respondent 2nd Party ====================================================== Appearance : (In CWJC No.20076 of 2013) For the Petitioner/s : Mr. Vishwanand Upadhay For the Respondent/s : Mr. Nirbhay K.Singh (In CWJC No.23115 of 2013) For the Petitioner/s : Mr. Binod Kumar For the State : Mrs. Binita Singh, GP-31 Mr. Mukund Mohan Jha, AC to GP-31 For the F.C.I. : Mr. Prabhakar Tekriwal, Adv. For the Union of India : Mrs. Kanak Verma, Adv. (In CWJC No.23117 of 2013) For the Petitioner/s : Mr. Binod Kumar For the Respondent/s : Mr. S.D. Sanjay (In CWJC No.23048 of 2013) For the Petitioner/s : Mr. Binod Kumar For the Respondent/s : Mr. Harendra Pd. Singh (In CWJC No.23123 of 2013) For the Petitioner/s : Mr. Binod Kumar For the Respondent/s : Mr. G.K. Agrwal (In CWJC No.20124 of 2013) For the Petitioner/s : Mr. Vishwanand Upadhay For the Respondent/s : Mr. S.D. Sanjay

CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

2 03-12-2014 In all these writ applications, the grievance of the petitioners is only to the extent that when the Food Corporation of India has made payment of the price of wheat, it has not paid the full amount as per the terms and conditions of the agreement.

Mr. Prabhakar Tekriwal, learned counsel for Food

Corporation of India, on the other hand, has submitted that barring the case of two petitioners, CWJC No. 23115 of 2013 and CWJC No. 23123 of 2013, the admitted payment has already been made and in fact nothing now remains to be paid to the rest of the petitioners.

This submission of Mr. Tekriwal is immediately controverted by the learned counsel for the petitioners who has submitted that whatever was agreed price of wheat has not been paid in full to the petitioners.

This Court would refuse to go into the issue of quantum of payment because it is the case of Mr. Tekriwal, as explained in the counter affidavit, that the price of wheat has already been paid but certain components about which the claim is being made by the petitioners having been found to be not admissible, their payments have not been made.

In the considered opinion of this Court, if the petitioners, after receiving the payment of admissible amount, have still any grievance, the remedy for them will be acting as per the terms and conditions of the agreement i.e. by way of seeking arbitration or filing a civil suit. Such disputed question of fact with regard to admissibility of the component cannot be gone into in the writ jurisdiction.

Reverting to the case of the two petitioners in CWJC No. 23115 of 2013 and CWJC No. 23123 of 2013, when a clear stand has been taken by Mr. Tekriwal that the petitioners themselves have not submitted their bills along with the required documents, their cases must be held to be premature. Thus, if the two petitioners of CWJC No. 23115 of 2013 and CWJC No. 23123 of 2013 would submit their bills with the requisite documents, the competent authority of the Food Corporation of India will take appropriate decision and also make admissible payment within a period of one month from the date of filing of such bills along with documents.

With the aforementioned observations, all these applications are disposed of.

(Mihir Kumar Jha, J)

Rishi/-

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