IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.852 of 2010 ---- 1. Janhit Dehri Bikas Morcha, Rohtas At+P.0. Jamuhar, P.S.-, Distt.- Rohtas through its President Kumar Binod Singh, S/O Jagannath Pasad Singh R/o Vill.+P.O.- Jamuhar, P.S.- Dehri, Distt.- Rohtas. -- Petitioner. Versus 1. The Union of India through Secretary, Ministry of Consumer affairs, Food and Public Distribution, Government of India, Krishi Bhawan, New Delhi. 2. The Secretary, Ministry of Consumer Affairs, Food and Public Distribution, Government of India, Krishi Bhawan, New Delhi. 3. The State of Bihar through the Principal Secretary, Department of Cooperative Societies, Government of Bihar, Patna. 4. The Principal Secretary, Department of Cooperative Societies, Government of Bihar, Patna. 5. The Principal Secretary, Department of Agriculture, Government of Bihar, Patna. 6. The Registrar, Cooperative Societies, Government of Bihar, New Secretariat, Patna. 7. The Chairman & Managing Director, Food Corporation of India, Barakhamba Lane, New Delhi. 8. The Regional Manager, Food Corporation of India, Arunachal Building, New Dak Bunglow Road, Patna. 9. The Managing Director, BISCOMAUN, Gandhi Maidan, Patna. 10. The District Cooperative Officer, Rohtas, Sasaram. -- Respondents. ------ For the petitioner : M/s. M.P.Gupta & Dhanendra Chaubey, Advocates. For respondents no.: Mr. Md. Anis Akhtar,Advocate 3 to 6 & 10 A.C to Additional Advocate General-X For respondents no. : Mr. Prabhkar Tekrival, Advocate 7 & 8 For respondent no.9: Mr. Vikas Kumar, Advocate. ---- - 2 - 02. 18/01/2010 In this public interest litigation, the petitioner has prayed for many a relief, but we have been apprised at the bar that earlier this court in CWJC No.2960 of 2009 while disposing of a public interest litigation belonging to the Food Corporation of India, had passed the following order:- “ Heard learned counsel for the petitioner and learned counsel appearing for the respondents. The petitioner claims to be a villager from a village under Police Station, Bikramganj, District, Rohtas. He wants the Food Corporation of India to improve its system under which procurement of food grains is made from the agriculturists/farmers. The petitioner has annexed certain papers to show that the office of the Food Corporation of India at Gaya had committed some irregularities which were noticed by the regional office which issued a memo eliciting response from the concerned official. The procurement of food grains from the farmers at pre-determined price is under scheme to improve the conditions of farmers and to ensure a minimum price for their produce. The menace of middleman cheating the farmers and procuring food grains at a lesser price and then making money by selling the same to the Corporation is a problem which the Corporation is bound to address in its regular course of business. If the Centre for procurement of food grains is not sufficient, we are sure that the Corporation will look into that aspect of the matter also as per resources available with the Corporation. If the petitioner can give better suggestions to tackle the menace of middleman harming the interest of farmers, we are sure that the Corporation will look into those suggestions carefully and try to tackle this problem before the next procurement season. With these observations, the writ petition is disposed of.” - 3 - 2. At this juncture, Mr. Mahendra Prasad Gupta, learned counsel for the petitioner, submitted that earlier order meets almost all the requirements, but one singular grievance remains to be mitigated. It is urged that the payments to the farmers who sell their produce to Food Corporation of India or any other government agency, should be made through Account payee cheques. 3. We are of the considered opinion that the said prayer deserves to be accepted. Accordingly, it is directed that purchasers from the farmers, be it the State Government or the Food Corporation of India or any agency engaged by the State Government, shall pay to the farmers by Account Payee Cheques so that there would be transparency which is the spine of the good governance in a body polity. The State Government shall issue appropriate direction in this regard within two weeks hence, failing which official concerned shall face severe consequences. Similar is the command to the authorities of the Food Corporation of India. 4. The writ petition is accordingly stands disposed of. There shall be no order as to costs. Let free copies of the order passed today be handed over to Mr. - 4 - Prabhakar Tekrival, learned counsel for the Food Corporation of India and Mr. Md. Anis Akhtar, learned counsel for the State and Mr. Mahendra Prasad Gupta, learned counsel for the petitioner. Sunil (Dipak Misra, CJ.) (Shiva Kirti Singh, J.)