Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7439 of 2012 ====================================================== 1. Kharari Primary Agriculture Credit Cooperative Society Ltd. Having Its Office at Kharari, P.S. Kharagpur, Distt, Rohtas through Its Chairman, Badri Bhagat 2. Badri Bhagat S/O Late Gaya Bhagat Resident Of Village Bilaspur, P.O. Ghordihar, P.S. Kargahar, Distt. Rohtas At Present Chairman Of The Kharari Pacs.(Petitioner no.1) .... .... Petitioner/s Versus 1. The Union Of India , Through The Secretary, Ministry Of Consumers Affairs , Food & Public 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 & 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, Distt. Rohtas .... .... Respondents 2nd party. ====================================================== with Civil Writ Jurisdiction Case No.7688 of 2012 ====================================================== 1. Konar Primary Agriculture Credit Cooperative Society Ltd. Having Its Office At Village Konar, P.S. Sheosagar, Distt. Rohtas Through Its Chairman, Dhanoj Pandey ( petitioner no.2) 2. Dhanoj Pandey S/O Bhubneshwar Pandey Resident Of Village Konar, P.S. Sheosagar, Distt. Rohtas At Present Chairman Of The Konar Pacs( petitioner no.1) .... .... Petitioner/s Versus 1. The Union Of India , Through The Secretary, Ministry Of Consumers Affairs, Food & Public 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 & Public Distribution, Bihar, Patna 4. The District Magistrate, Rohtas 5. The District Supply Officer, Rohtas 6. The District Cooperative Officer, Rohtas Cum Enforcement Officer Patna High Court CWJC No.7439 of 2012 (6) dt.24-07-2013 Page 2 /11 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, Distt. Rohtas .... .... Respondents 2nd party ====================================================== with Civil Writ Jurisdiction Case No.7657 of 2012 ====================================================== 1. Mahadiganj Primary Agriculture Credit Cooperative Society Ltd. Having Its Office At Sombha, P.O. & P.S. Sasaram, Distt. Rohtas Through Its Chairman, Indradeo Singh( petitioner no.2) 2. Indradeo Singh S/O Kesho Singh Resident Of Village Sombha, Bilaspur, P.O. & P.S. Sheosagar, Distt. Rohtas At Present Chairman Of The Pacs Petitioner no.1. --Petitioners Versus 1. The Union Of India, Through The Secretary, Ministry Of Consumers Affairs, Food & Public 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 & 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, Distt. Rohtas .... .... Respondents 2nd party. ====================================================== with Civil Writ Jurisdiction Case No.7914 of 2012 ====================================================== 1. Chanki Baraon Primary Agriculture Credit Cooperative Society Ltd. Having Its Office At Village-Chanki, P.S.-Nokha, Distt-Rohtas Through Its Chairman, Raju Ranjan Singh (Petitioner No.2) 2. Raju Ranjan Singh S/O Sudarshan Singh R/O Vill-Chanki, P.S.-Nokha, Distt-Rohtas, At Present Chairman Of The Chanki Pacs (Petitioner No.1) Versus 1. The Union Of India , Through The Secretary, Ministry Of Consumers Affairs, Food & Public Distribution Govt. Of India, New Delhi 2. The Food Corporation Of India Exhibition Road, Patna Through Its Managing Director/General Manager .... .... Petitioner/s Patna High Court CWJC No.7439 of 2012 (6) dt.24-07-2013 Page 3 /11 ----Respondent 1st party. 3. The State Of Bihar, Through The Secretary, Deptt.Of Food & 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, Distt-Rohtas .... .... Respondents 2nd party. ====================================================== with Civil Writ Jurisdiction Case No.7905 of 2012 ====================================================== 1. Chitauli Primary Agriculture Credit Cooperative Society Ltd Having Its Office At Village Chitauli, P.S.-Tilauthu, Distt-Rohtas Through Its Chairman, Amar Singh (Petitioner No.2) 2. Amar Singh S/O Late Chit Bandhan Singh R/O Vill-Ranjitganj, P.S.- Tilauthu, Distt-Rohtas At Present Chairman Of The Chitauli Pacs (Petitioner No.1) .... .... Petitioner/s Versus 1. The Union Of India , Through The Secretary, Ministry Of Consumers Affairs , Food & Public 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 &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 India Bihar Region 9. The Quality Control Officer, Sasaram Depot Of Food Corporation Of India Sasaram, Distt-Rohtas .... .... Respondents 2nd party . ====================================================== with Civil Writ Jurisdiction Case No.7753 of 2012 ====================================================== 1. Uttari Baraon Primary Agriculture Credit Cooperative Society Ltd. Having Its Office At Village Piner, P.S. Nokha, Distt. Rohtas Through Its Chairman, Bhagwat Singh ( petitioner no.2) 2. Bhagwat Singh S/O Late Sheo Prasad Singh Resident Of Village And
Legal Reasoning
Patna High Court CWJC No.7439 of 2012 (6) dt.24-07-2013 Page 4 /11 P.O. Penar, P.S. Nokha, Distt. Rohtas At Present Chairman Of The Uttari Baraon Pacs ( petitioner no.1) .... .... Petitioner/s Versus 1. The Union Of India, Through The Secretary, Ministry Of Consumers' Affairs, Food & Public 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 & 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 Distt. Rohtas .... .... Respondents 2nd party. ====================================================== with Civil Writ Jurisdiction Case No.7957 of 2012 ====================================================== 1. Kanjar Primary Agriculture Credit Cooperative Society Ltd. Having Its Office At Village Doliya, P.S. Bhavas (Dinara) Distt. Rohtas Through Its Chairman, Yogendra Singh ( petitioner no.2) 2. Yogendra Singh S/O Late Ramasray Singh Resident Of Village Doliya, P.S. Bhavas (Dinara), Distt. Rohtas At Present Chairman Of The Kanjar Pacs ( petitioner no.1) .... .... Petitioner/s Versus 1. The Union Of India, Through The Secretary, Ministry Of Consumers Affairs, Food & Public 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 & 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, Distt. Rohtas .... .... Respondents 2nd party. Patna High Court CWJC No.7439 of 2012 (6) dt.24-07-2013 Page 5 /11 ====================================================== with Civil Writ Jurisdiction Case No.7474 of 2012 ====================================================== 1. Silari Primary Agriculture Credit Cooperative Society Ltd. Having Its Office At Village Silari, P.S. Sheosagar, Distt. Rohtas Through Its Chairman, Manish Kumar Singh ( petitioner no.2) 2. Manish Kumar Singh S/O Sheo Persan Singh Resident Of Village Dumari Sahpur, P.S. Sheosagar, Distt, Rohtas At Present Chairman Of The Silari Pacs ( petitioner no.1) .... .... Petitioner/s Versus 1. The Union Of India , Through The Secretary, Ministry Of Consumers Affairs, Food & Public Distribution, Govt. Of India, New Delhi 2. The Food Corporation Of India, Exhibition Road, Patna Through Its Managing Director/General Manager --Respondents 1st party. 3. The State Of Bihar Through The Secretary, Deptt. Of Food & 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, Distt. Rohtas .... .... Respondents 2nd party. ======================================================
Legal Reasoning
CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 6 24-07-2013 Heard Mr. Yogendra Mishra, who represents the petitioners of all the writ petitions, Mr. Prabhakar Tekriwal, counsel for the Food Corporation of India ( for short „FCI‟) and Mr. Yogendra Prasad Sinha AAG-15 assisted by various assistant counsels for the State respondents and Mr. Din Bandhu Mishra for the Union of India. All the applications raise common issue inasmuch as Patna High Court CWJC No.7439 of 2012 (6) dt.24-07-2013 Page 6 /11 prayer made in these applications is/are one and the same. With the consent of the parties, they have been heard together and the order present shall govern them. Petitioner is a Primary Agriculture Credit Cooperative Society registered under the Bihar Cooperative Societies Act. Following relief(s) have been prayed in the application as culled out in diverse sub paragraphs of para 2 which is/are extracted hereinbelow:- “2(i) An appropriate writ, order or direction commanding the respondents to make payment of the price of the wheat as per bill (Annexure 3) within a time frame, be issued. (ii) An appropriate writ, order or direction commanding the respondents to make payment of interest at the rate of 18% on the amount so due as mentioned in the bill (Annexure 3) within a time frame, be issued.” There is no controversy that the petitioner‟s society, under wheat procurement order(s), issued by the concerned authority of the cooperative department of the Government of Bihar, procured and supplied to the FCI at its different centres. The respondent –FCI was required to pay the cost thereof at the specified rate. The total supply made by the petitioners of the present batch of writ petitions was to the tune of six hundred and odd metric tonnes. The FCI stopped payment for the supply of Patna High Court CWJC No.7439 of 2012 (6) dt.24-07-2013 Page 7 /11 wheat in excess of the procurement certificate/orders. The stand of the FCI before this Court is that a certification with regard to the procurement thereof issued by the Government in the concerned department should be furnished whereafter the amount shall be disbursed which must be ensured by the respondent State to be distributed amongst the members/farmers of the petitioners society at the rate specified for procurement thereof during the said Rabi season. Mr. Yogendra Prasad Sinha learned AAG was requested by this Court to take instructions from the concerned authority including the District Magistrate of the concerned District. A counter affidavit has been filed on behalf of the respondent nos. 4 and 6. Mr. Sinha referring to the communication issued by the District Cooperative Officer, Rohtas at Sasaram (Annexures C & D) submits that respondent- FCI, in the light of the facts stated therein, should be directed to pay the amount at least in respect of the supply of wheat accepted by the FCI at different centres during the said season although in excess of the procurement order. Mr. Tekriwal, counsel for the FCI, has taken a stand Patna High Court CWJC No.7439 of 2012 (6) dt.24-07-2013 Page 8 /11 that 1785 and odd metric tones of wheat was/were supplied by the different PACS operating in the District of Rohtas which could not be paid owing to non certification/production of the procurement orders. The FCI has verified the factum of supply of the said quantity of wheat. FCI is ready to pay the said amount, if the respondent- State ensure the distribution thereof amongst the members of each of the societies as per the rate fixed for such procurement of wheat. Mr. Yogendra Prasad Sinha, learned AAG states that the District Magistrate shall depute a responsible officer in whose presence the amount disbursed by the FCI for supply of 1785 metric tones of wheat in excess which have not been paid hitherto shall be paid to the respective society and actual distribution thereof amongst its/their members/farmers and a report in this regard shall be forwarded to the concerned authority of the FCI. Having heard the parties, it appears that the societies constituting farmers as its members supplied wheat during the relevant Rabi season to the FCI. This was in excess of the procurement certificate/order. However, supply thereof by the respective societies and receipt thereof by the FCI is not in dispute. Mr. Tekriwal has rightly taken a stand that the FCI would disburse the amount of wheat supplied to FCI in excess. Patna High Court CWJC No.7439 of 2012 (6) dt.24-07-2013 Page 9 /11 According to him, the total amount of wheat received in excess, on verification, has come to 1785 and odd metric tonnes so far as the District of Rohtas is concerned. It is seen that the supplies were made sometimes in 2011. For one reason or the other the payment could not be made to the suppliers like the petitioners‟ societies. There may be diverse reason(s) therefore but continued withholdment of payment of these supplies cannot be justified. On a consideration of the submissions of the parties, this much is evident that the FCI received certain amount of wheat in excess at its different centres during the said Rabi season supplied by diverse societies like the petitioners herein. If the wheats supplied have been received by FCI and utilized they are legally obliged to pay the same. The FCI has only raised a suspicion that the amount disbursed by the FCI may not reach the real beneficiaries i.e. the farmers who happened to be the members of the respective cooperative societies. Mr. Yogendra Prasad Sinha has rightly suggested that the amount to be disbursed by the FCI to the respective cooperative societies shall be disbursed amongst the members in presence of a responsible officer to be deputed by the District Magistrate of the District and a report thereafter shall be furnished to the FCI. Seen thus, this Court is persuaded to dispose of this Patna High Court CWJC No.7439 of 2012 (6) dt.24-07-2013 Page 10 /11 application by the following order:- (i) The concerned authority of the respondent-FCI shall disburse the amount of wheat received in excess at its different centres in the District of Rohtas in favour of the respective societies within two weeks from the date of receipt/production of a copy of this order. (ii) The bank instrument/draft/cheque issued by the respondent FCI shall be made available to the District Magistrate, Rohtas at Sasaram. Upon receipt of the payment made by respondent – FCI the respondent- District Magistrate shall ensure distribution of the amount amongst the different claimant societies including the petitioners. The District Magistrate shall ensure by deputing a responsible officer that the sell amount disbursed by the FCI and received by the respective/concerned societies are distributed amongst its members as per the procurement price fixed by the Government of India during the relevant reason. A report shall thereafter be furnished to the FCI as soon as possible. The payment shall be ensured to the petitioners in the light of the aforesaid order as quickly as possible preferably within two weeks from the date of receipt of Patna High Court CWJC No.7439 of 2012 (6) dt.24-07-2013 Page 11 /11 the amount from FCI. Such payments shall be without prejudice to the right of the petitioners to take recourse to any other legal proceeding for payment of interest/damage.
Decision
The application stands disposed of. (Kishore Kumar Mandal, J) Shyam/-