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2023 Supreme(Pat) 172

MOHIT KUMAR SHAH
Akhileshwar Prasad Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Pawan Kr. Singh.
For the Respondents: Mr. Upendra Pd. Singh, AC to GP 25.
For Respondent no. 5: Mr. Vijay Kumar.

Mohit Kumar Shah, J. – The present writ petition has been filed for directing the respondent- authorities to pay cost of paddy to the tune of Rs. 70,774/- on account of sale of 27.75 quintals at the Purchase Center of PACS as also at the Paddy Procurement Center of the Government of Bihar at Makhdumpur, Dist-Jehanabad on 31.03.2015.

2. The brief facts of the case, according to the petitioner, are that he had taken 64 jute bags containing paddy to the Makhdumpur Purchase Center of PACS, Government of Bihar on 31.03.2015 for selling the same. It is also alleged that out of 64 bags, Mansuri paddy (Dwarf) was packed in 55 bags containing 48 kg each and rest of the 09 bags were filled with Rupali and Komal weighing 38 kg each. It is the averment of the petitioner that the purchasing authority had directed that the farmers to bring paddy bags weighing 42.5 kg each at the Purchase Center so that the net quantity after deducting dust, moisture, empty jute bag totals upto 40 kg. It is also stated that the Purchase and Weight in-charge did not listen to the petitioner and averaged out the weight of the bags, resulting in the total weight being calculated @ 23.75 quintals each and the total su

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