Patna High Court
Ragunath Ray vs The State Of Bihar on 2 January, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22928 of 2019
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Ragunath Ray Son of late Rameshwar Ray, R/o Rajapur, P.S. Nayagoan, P.O.
Rajapur, District- Chapra, Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Food and
Consumer Protection, Patna, Bihar.
2. The Managing Director Cum Appellate Authority, Bihar State Food and
Civil Supply Corporation, Patna, Bihar.
3. The Deputy General Manager, transportation, State Food Corporation, Head
Office, Patna.
4. The District Transport Committee, Vaishali through its Chairman District
Collector, District- Vaishali.
5. The District Collector, Vaishali, Hazipur.
6. The District Manager, SFC, Vaishali, Hazipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Krishna Mohan Mishra, Advocate
For the Respondent/s : Mr. Arvind Ujjwal (SC5)
For the BSFC : Mr. Shailendra Kumar Singh, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 02-01-2023
Petitioner has prayed for the following relief(s):
"i. To quash and set aside the
order dated 16/22.08.2019 passed by respondent
no.-2 whereby the order passed by respondent no-4
confirmed the order passed by respondent no-4
contain in Gaypank No. 2560 dated 23.06.2018
and gayapank no-3033 dated 30.07.2018.
Patna High Court CWJC No.22928 of 2019 dt.02-01-2023
ii. To further quash and set aside
the order contain in gaypank no 2560 dated
23.06.2018 and order contain in gayapank no 3033
dated 30.07.2018 whereby and where under the
respondent no. 4 had blacklisted petitioner and
forfeited security/earnest money and bank
guarantee on the basis of recommendation made by
the District Transport Committee, Vashali dated
25.07.2018.
iii.To hold and declare that the
termination of agreement and black listing of
petitioner is wholly illegal and against the term of
agreement as the petitioner has not committed theft
nor has violated the terms of agreement as such,
the amount due on account of transporting and
handling charge, security and earnest money and
bank guarantee etc may directed to be released.
iv. To hold and declare that the
recommendation made by the transport committee
dated 25.07.2018 under the chairmanship of
District Collector is illegal and without authority of
law because the respondent committee had not
considered reply to show cause nor considered that
fact and different terms of agreement.
v. To issue any other writ/writs,
order/orders, direction/directions as your honour
deem fit and proper."
After the matter was heard for some time, finding
the Court not in favour of the submissions made across the Bar,
learned counsel for the petitioner, under instructions, states that
Patna High Court CWJC No.22928 of 2019 dt.02-01-2023
the petitioner shall be content if the petition is disposed of, with
liberty to initiate appropriate proceedings before the appropriate
forum and to take recourse to such other alternate remedies
which are equally efficacious in law.
Prayer allowed.
The petition is disposed of with the liberty
aforesaid.
As and when such an application is filed, limitation
shall not be allowed to come in the way of its consideration and
decision on merits since the petitioner has been pursuing
remedies before this Hon'ble Court.
It stands clarified that all issues of fact and law are
left open to be agitated before the competent authority.
Interlocutory application(s), if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( Partha Sarthy, J)
Saurabh/K.C.Jha
AFR/NAFR
CAV DATE
Uploading Date 04.01.2023
Transmission Date
