Patna High Court
The Managing Director vs Rajesh Kumar on 25 February, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1520 of 2018
In
Civil Writ Jurisdiction Case No.16831 of 2018
======================================================
1. The Managing Director, Bihar State Food and Civil Supplies Corporation
Ltd. Khadya Bhawan, 4th Floor Daroga Ray Patha, Patna.
2. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd.
East Champaran, Motihari.
... ... Appellants
Versus
1. Rajesh Kumar Son of Late Kapildeo Prasad Jaiswal, Resident of Rajendra
Nagar, P.S. Chhatauni, P.O. Motihari, District East Champaran.
2. Ajit Raj Son of Anjni Kumar Resident of Road No. 1, Near Kejariwal
Hospital, Juran Chhapra, Barhanpura, P.S. Muzaffarpur, District -
Muzaffarpur.
3. Ratan Sharma, Son of Vijay Shankar Sharma Resident of Near Rani Sati
Mandir, Village Sikandarpur, Muzaffarpur, P.S. Muzaffarpur, District
Muzffarpur.
4. Chandra Mohan Mishra, Son of Parasnath Mishra Resident of Bokane
Mishra, Tola, Bokane Kalan, P.S. Bokane Kalan, District - East Champaran.
5. The State of Bihar through the Chief Secretary, Government of Bihar, Old
Secretariat, Patna.
6. The Principal Secretary, Food and Civil Supply Department, government of
Bihar, New Secretariat, Patna.
7. The District Magistrate, East Champaran, Motihari.
8. The District Transport Committee, East Champaran, Motihari through the
Bihar State Food and Civil Supplied Corporation Ltd. East Champaran,
Motihari.
... ... Respondents
======================================================
with
Letters Patent Appeal No. 1521 of 2018
In
Civil Writ Jurisdiction Case No.16414 of 2018
======================================================
1. The Managing Director, Bihar State Food and Civil Supplies Corporation
Ltd. Khadya Bhawan, 4th Floor Daroga Ray Patha, Patna.
2. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd.
East Champaran, Motihari.
... ... Appellants
Versus
Patna High Court L.P.A No.1520 of 2018 dt.25-02-2025
2/4
1. Vinay Kumar Thakur, Son of Bireshwar Prasad Thakur Resident of Village -
Mishrauliya, P.S.- Chirya, District - East Champaran.
2. Savita Devi Wife of Umakant Thakur Resident of Ward No. 31, Shri Krishna
Nagar, P.S. - Town, District - East Champaran.
3. Abhishek Kumar Son of Umashankar Singh Resident of Bhawanipur, P.S.
Sangrampur, District - East Champaran.
4. The State of Bihar through the Chief Secretary, Government of Bihar, Old
Secretariat, Patna.
5. The Principal Secretary, Food and Civil Supply Department, Government of
Bihar, New Secretariat, Patna.
6. The District Magistrate, East Champaran, Motihari.
7. The District Transport Committee, East Champaran, Motihari through the
Bihar State Food and Civil Supplied Corporation Ltd. East Champaran,
Motihari.
... ... Respondents
======================================================
Appearance :
(In Letters Patent Appeal No. 1520 of 2018)
For the Appellant/s : Mr. Shailendra Kumar Singh, Advocate
For the Respondent/s : Mr.
(In Letters Patent Appeal No. 1521 of 2018)
For the Appellant/s : Mr. Shailendra Kumar Singh, Advocate
For the Respondent/s : Mr. Prateek Tandon, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 25-02-2025
Re:- L.P.A. No. 1520 of 2018
Appellants have assailed the order of the learned
Single Judge dated 27.08.2018 passed in C.W.J.C. No. 16831 of
2018. Contesting Respondents have filed C.W.J.C. No. 16831 of
2018 insofar as non-selection to the Transportation-cum-
Handling and Delivery Contractor (Door Step Delivery) with
the Appellant.
Patna High Court L.P.A No.1520 of 2018 dt.25-02-2025
3/4
2. On 27.08.2018, the learned Single Judge passed
the following orders, it reads as under:
"4. This application is also disposed off
exactly in the same terms as CWJC No. 16414 of
2018 that since a general advertisement has been
issued and no adverse finding has been recorded
by the Respondent-BSFC, East Champaran,
Motihari, the allotment made to the petitioners in
the respective blocks i.e. petitioner no. 1 being
allotted Pipra Kothi, Kotwa, Kalyanpur, Kesariya,
petitioner no. 2 being allotted Turkauliya, Sugauli,
Ramgadhwa, Bankatwa, petitioner no. 3 being
allotted Motihari, Madhuban, Pakridayal,
petitioner no. 4 being allotted Chiraiya, Dhaka,
Ghorasahan, would continue with the petitioners
as Transportation-cum-Handling and Delivery
Contractor (Door Step Delivery) till subsistence of
the agreement or any extended period which the
BSFC authorities decide. However, this order will
not restrain the Respondent-BSFC, East
Champaran, Motihari in proceeding with the
advertisement dated 15.07.2018, as contained in
Annexure-1 being NIT No. 701(a) dated
06.07.2018
so long as it does not adversely affect
the petitioners."
3. In the meanwhile, seven contractors, including
petitioners, who have been allotted as per the advertisement was
invogue. Contesting Respondent Rajesh Kumar and three others
did not file Contempt of Court application insofar as execution
of the order of the learned Single Judge dated 27.08.2018 and
simultaneously, we have noticed that there is no interim order
staying the operation of the learned Single Judge order dated
Patna High Court L.P.A No.1520 of 2018 dt.25-02-2025
27.08.2018 in the present L.P.A. That apart during pendency of
the present L.P.A. tenure of Transportation-cum-Handling and
Delivery Contractor (Door Step Delivery) has lapsed in the year
2019. In this backdrop, the present L.P.A. do not survive for
consideration.
4. Accordingly, present L.P.A. No. 1520 of 2018
stands disposed of. Pending I.A., in any, stands disposed of.
In the light of L.P.A. No. 1520 of 2018 order,
L.P.A. No. 1521 of 2018 does not survive for consideration.
2. Accordingly, L.P.A. No. 1521 of 2018 stands
disposed of. Pending I.As, if any, stands disposed of.
(P. B. Bajanthri, J)
( Sunil Dutta Mishra, J)
manish/-
AFR/NAFR N.A.F.R.
CAV DATE N.A
Uploading Date 06.03.2025
Transmission Date N.A
