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2025 DAILYLAW 58629 (PAT)

Bihar State Warehousing Coporation v. The Chairman Cum Managing Director, Food Corporation Of India and Ors

CWJC/10424/2016 · 2025-04-25

Alok Kumar Sinha

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10424 of 2016 ====================================================== Bihar State Warehousing Corporation, having its Office at B2, Ist Floor, Mau- rya Lok Complex, Patna through its Managing Director ... ... Petitioner/s Versus 1. The Chairman Cum Managing Director, Food Corporation Of India, New Delhi. 2. The General Manager ®, Food Corporation of India, 4th Floor, Arunachal Bhawan, Exhibition Road, Patna-800001, Patna. 3. The Area Manager, Food Corporation of India, District Office, Bet tiah. 4. Asha Chawal Udyog, Harnatta, Bettiah, through its Proprietor Surendra Prasad son of Sri Gautam Mahto Resident of Chhatraul, Har natta, P.S.-Loukaria, District-West Champaran. 5. M/s Chhaya Rice Mill, Muzra, P.S. Ram Nagar, Distt.-West Chamapran, through its Proprietor Ramesh Kumar, son of Sri Gulab Sah, resident of Semra, P.S. Semra, Distt-West Champran. 6. Shiv Shakti Rice Mill Chankuhwa, P.S.-Piprasi, Bagha, West Cham paran, through its proprietor Dhanjay Pratap Sahi s/o Shri Devendra Bahadur Sahi R/o Rajpur, P.S.-Shikarpur, Distt. West Chamapran 7. M/s Sanjay Rice Mill, Domwalia, Bagaha 2, through its Proprietor Sanjay Kumar s/o Sri Awadh Bihari Prasad R/op Domwalia, Bagaha 2, P.s. Bagaha, District-West Champaran. 8. M/s Priti Rice Mill, Ghusukpur, Harnatanad, P.S.-Laukariya, Distt. West Chakapran through its Proprietor Suryadeo Choudhary, son of Raj Kumar Choudhary, Resident of Semra, Ghuskpur, Harnatta, P.S.- Laukariya, Distt. WEEst Chakmapran. 9. M/s Krishna Rice Mill, Satwariya, P.S. Sikarpur, Distt.-Narkatiyaganj, Distt. West Chamapran, through its proprietor Dinbandhu Prasad s/o Late Ram Khelawan Prasad R/o Bazar Samiti, Bettiah, P.S. Bettiah, Distt. West Champaran. 10. M/s Ridhi Sidhi, Chota Ramna, Bettiah through its proprietor Shailesh Kumar, s/o Shri Vinod Prasad Gupta, R/o Nanjin Chowk, Ganj No.2, P.S. Town (Bettiah), Distt. West Champaran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Mithilesh Kumar Rai,Advocate Mr. Abhishek Kumar, Advocate For the FCI : Dr. Anand Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 7 25-04-2025 Heard learned counsel, Mr. Mithilesh Kumar Rai, ap- pearing for the petitioner, assisted by Mr. Abhishek Kumar and Patna High Court CWJC No.10424 of 2016(7) dt.25-04-2025 2/3 learned counsel for Food Corporation of India, Dr. Anand Ku- mar. 2. The present writ application has been filed for is- suance of writ of Mandamus for commanding and directing the respondents, especially the respondent Food Corporation of In- dia to make payment of outstanding dues to the petitioner for the rental / storage charge of customed/ Levy Rice so deposited in the petitioner’s godown for the different periods along with admissible interests as well as penal interest in the delayed pay- ment and cost of litigation. 3. Learned counsel appearing for the Food Corpora- tion of India has opposed the prayer made by the petitioner, and therefore, the claim being made by the petitioner does not fall in the category of admitted dues. 4. Taking into account the nature of the case and given the fact that the claim made by the petitioner is disputed by the Food Corporation of India, this Court is of the view that such kind of claims cannot be agitated in writ jurisdiction and that an appropriate remedy would be to approach the Civil Court for the said purpose. If the claim is made by the petitioner-Corporation before the appropriate Civil Court, the same shall be decided ex- peditiously in accordance with law. Patna High Court CWJC No.10424 of 2016(7) dt.25-04-2025 3/3 5. The present writ application is therefore, disposed of with the liberty to the petitioner-Corporation to approach be- fore the Civil Court for ventilating his grievance and for raising his claim against the respondents. 6. With the aforesaid liberty granted to the petitioner, the present writ application is disposed of. sanjeev/- (Alok Kumar Sinha, J) U