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Patna High Court Grants Liberty to File Fresh Representation Seeking Unpaid Milling and Transportation Charges for Custom Milled Rice, Holding Dispute Can Be Addressed Administratively Before Invoking Writ Jurisdiction

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Court’s Decision

The Patna High Court disposed of the writ petition, granting liberty to the petitioner to file a representation before the competent authority within four weeks seeking payment of unpaid milling, handling, and transportation charges under Letters dated 30 December 2015, and directed the authority to decide the representation within three months of filing. The Court declined to adjudicate on merits at this stage, keeping open all rights.


Facts

The petitioner, a rice mill, sought payment of ₹67,709 and ₹2,87,595 towards milling, handling, and transportation charges of custom milled rice for procurement years 2013-14 and 2014-15, with 12% simple interest, under Letters No. 1730 and 1731 dated 30 December 2015 issued by the District Manager, Bihar State Food and Civil Supplies Corporation, Chhapra. Claiming non-payment despite clear entitlement under these letters, the petitioner approached the High Court under Article 226 seeking directions for immediate payment.


Issues


Petitioner’s Arguments

The petitioner argued:


Respondent’s Arguments

During the hearing, the respondents did not press merits but contended:


Analysis of the Law

The Court examined:


Precedent Analysis

While no specific precedents were cited, the judgment aligns with:


Court’s Reasoning

The Court noted:


Conclusion

The Patna High Court:


Implications


Short Note on Relevant Legal Position


FAQs

1. Can a rice mill approach the High Court directly for payment disputes under PDS milling contracts?
No, it must first file a representation before the competent authority to seek administrative resolution.

2. What is the timeline provided by the High Court for disposal of such representations?
The competent authority must decide within three months from the date of filing the representation.

3. Does the High Court adjudicate the merits of the payment dispute in such writ petitions?
No, it grants liberty to pursue remedies administratively before invoking writ jurisdiction.

Also Read: Kerala High Court Quashes Preventive Detention Under Anti-Social Activities Law for Failure to Provide Legible Documents and Delay in Considering Representation, Emphasising Strict Compliance with Procedural Safeguards in Liberty Cases

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