IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6642 of 2019

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

1.

Manish Kumar Gupta, Son of Late Rajni Kant Gupta, Resident of Village-

New Diliyan Ward No. 21, P.S. Dehari, Distt.- Rohtas.

2.

Risha Gupta W/o Manish Gupta @ Manish Kumar Gupta, Resident of

Village- New Diliyan Ward No. 21, P.S.- Dehari, Distt.- Dehri on Sone

Rohtash.

3.

Raj Kumar Singh, S/o Nand Kumar Singh, Resident of Ward No. 21, New

Dilian near R.D. Singh, P.S.- Dehari, Distt.- Rohtash.

4.

Sushil Kumar Singh S/o Kanhaiya Singh, Resident of Mohalla- Barawan,

Baraon Kala, P.S.- Darihat, Distt.- Rohtas.

5.

Shiv Parsan Singh, S/o Baikunth Singh, Resident of Village- Parasdiha, P.S.-

Shivsagar, Distt.- Rohtas.

... ... Petitioner/s

Versus

1.

Bihar State Food and Civil Supplies Corporation Ltd. through its Managing

Director, Khadya Bhawan, Daroga Prasad Rai Path, R-Block Road No. 2

Patna.

2.

The Managing Director Bihar State Food and Civil Supplies Corportion Ltd.

Khadya Bhawan, Daroga Prasad Rai Path, R-Block Road No. 2 Patna.

3.

Th Chief Finance Bihar State Food and Civil Supplies Corportion Ltd.

Khadya Bhawan, Daroga Prasad Rai Path, R-Block Road No. 2 Patna.

4.

Dy. Managing Director, Bihar State Food and Civil Supplies Corportion Ltd.

Khadya Bhawan, Daroga Prasad Rai Path, R-Block Road No. 2 Patna.

5.

Distt. Manager Bihar State Food and Civil Supplies Corporation Ltd.

Rohtas.

... ... Respondent/s

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

Appearance :

For the Petitioner/s

:

Mr. Mukesh Kumar No1, Advocate

For the Respondent/s

:

Mr. Shailendra Kumar Singh, Advocate

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

CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

Patna High Court CWJC No.6642 of 2019 dt.17-10-2022

2/11

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 17-10-2022

Petitioners have prayed for the following relief(s):-

“That this application is being filed for

issuance of writ especially in nature of Mandamus

to directing the Respondents concern to make

payment to the petitioners against their respective

Bills duly forwarded by the Distt. Manager State

Food Corporation Rohtas.

For further issuance of any other

writ/writs, order/orders, direction/directions for

which the petitioner is legally entitled.”

Learned counsel for the petitioners prays that the

instant petition be disposed of exactly in the same terms as

contained in judgment dated 14.09.2022 passed by this Court in

Civil Writ Jurisdiction Case No.13024 of 2022, titled as M/s.

Raghoji House of Distribution Vs. The State of Bihar &

Ors.

No objection to such prayer being allowed.

The instant petition has been filed for a direction to

the respondents to make payment of dues of bills duly

forwarded by the District Manager State Food Corporation,

Rohtas. Though, the petitioners made repeated requests to

several authorities, but till date no payment has been made.

There is no response to the petitioners request.

The dispute still survives and petitioners’ request for

Patna High Court CWJC No.6642 of 2019 dt.17-10-2022

3/11

clearance of dues remains pending

Well, without going into the merits of the issues, on

all counts, the dispute could have been resolved in terms of the

Bihar State Litigation Policy, 2011.

In M/s. Raghoji House of Distribution (Supra), We

had passed the following observations and directions:-

“5. We also notice that even in those cases

where the parties are governed by the Dispute

Resolution Mechanism, provided in terms of the

agreement(s) or statutes, parties are forced to litigate

endlessly before different legal foras, be it this Court

or the statutory Tribunals.

6. We see no reason as to why the respondent

State does not apply and take recourse to the

mechanism provided under its own policy termed as

the “Bihar State Litigation Poli