Patna High Court
M/S Koshi Rice Mill, Sour Bazar, Saharsa vs The General Manager, Food Corporation ... on 25 April, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1669 of 2019
In
Civil Writ Jurisdiction Case No.25070 of 2019
======================================================
M/s Koshi Rice Mill, Sour Bazar, Saharsa through its Manager, Gajendra
Bhagat, aged about 42 years, (Male) S/o Bachcha Bhagat, Resident of
Village- Rajanpur, Police Station- Mahishi, District- Saharsa.
... ... Appellant
Versus
1. The General Manager, Food Corporation of India, Exhibited Road, Patna.
2. Assistant General Manager, Food Corporation of India, Exhibition Road,
Patna.
3. The Godown in-Charge, FCI, Saharsa.
4. The Bihar State Food and Civil Supply Corporation through its Managing
Director, Patna.
5. The District Manager, State Food and Civil Supply Corporation Limited,
Saharsa.
6. Certificate Officer, Saharsa.
7. The State of Bihar through D.M. Saharsa.
... ... Respondents
======================================================
Appearance :
For the Appellant/s : Mr. Binod Kumar, Advocate
For the FCI : Mr. Amiya Kunal, Advocate
Ms. Vijeta Kumari, Advocate
For the Respondent/s : Mr. Vishwambhar Prasad, AC to AAG-5
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 25-04-2025
The Appellant has assailed the order of the learned
Single Judge dated 13.12.2019 passed in C.W.J.C. No. 25070 of
2019.
2. The Appellant has suffered an order under the
Patna High Court L.P.A No.1669 of 2019 dt.25-04-2025
Bihar and Orissa Public Demands Recovery Act, 1914 for
recovery of a debt of Rs. 2,20,44,577/-. The learned Single
Judge has taken note of statutory provision that Appellant has
not exhausted statutory remedy under Section 60 of the Act,
1914 insofar as preferring appeal. Further, it was observed that
there must be agreement among the Appellant and Bihar State
Food and Civil Supply Corporation (for short Corporation) and
in the such agreement, there may be arbitration clause, if such
clause is reflected in the agreement, in that event, Appellant has
a remedy under Section 40 or 41 of the Arbitration and
Conciliation Act, 1996.
3. Feeling aggrieved by the order of the learned
Single Judge, Appellant has presented this L.P.A. During the
pendency of the present L.P.A. Appellant is stated to have
invoked remedy under Arbitration and Conciliation Act insofar
as filing some request case. Thereafter, certain development has
taken place. In the light of later developments insofar as
invoking remedy under Arbitration and Conciliation Act, the
present L.P.A. do not survive for consideration.
4. Learned counsel for the Appellant has also not
apprised this Court what is the error committed by the learned
Single Judge it its order dated 13.12.2019 passed in C.W.J.C.
Patna High Court L.P.A No.1669 of 2019 dt.25-04-2025
No. 25070 of 2019. Resultantly, L.P.A. No. 1669 of 2019 stands
dismissed.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
manish/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 30.04.2025
Transmission Date NA
