Patna High Court
Ranjeet Kumar Singh vs The Food And Consumer Protection ... on 24 January, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3257 of 2017
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Ranjeet Kumar Singh S/o Ram Pravesh Singh, Resident of village- Deoria
Kala, P.S.- Phesar, District- Aurangabad.
... ... Petitioner/s
Versus
1. The Food And Consumer Protection Department
2. The State of Bihar through District Magistrate, District- Aurangabad.
3. The Bihar State Food and Civil Supplies Corporation Limited through its
M.D., Bihar at Patna.
4. The District Manager, Bihar State Food and Civil Supplies Corporation
Limited, Aurangabad, District
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sumeet Kumar Singh, Adv.
Mr. Shivam Singh, Adv.
Ms. Alka Singh, Adv.
Mr. Kumar Vikash, Adv.
For the Respondent/s : Mr. Manoj Kumar, AC to GP4
For the BSFC : Mr. Shailendra Kr. Singh, Adv.
Mr. Utkarsh Utpal, Adv.
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 24-01-2025
1. The Writ petition is filed for the following
reliefs:
(i) For issuance of an appropriate
writ order/ direction(s)in the nature of
Certiorarifor quashing the letters dated
30.4.2015
and 29.4.2015 baring Memo No.
958 issued by the District Manager, B.S.F.C.,
Aurangabad by which the agreement for the
procurement year 2014-15 in between the
Patna High Court CWJC No.3257 of 2017 dt.24-01-2025
Petitioner and the B.S.F.C. has been cancelled
in the light of the letter No. 3901 dated
7.4.2015 passed by the Managing Director,
B.S.F.C.; on the ground that the agreement
between the Petitioner and the B.S.F.C. has
entered on 3.2.2015, the petitioner has been
properly working, no opportunity of hearing
(show-cause) has been issued to the
Petitioner;
(ii) For issuance of Mandamus for
directing to the Managing Director, B.S.F.C.
and District Manager, B.S.F.C to pay the bank
guarantee of Rs. 2 lakhs, handling charges,
milling charges of the paddy and the
transportation charges of the different lots of
rice and paddy for the procurement year
2014-15;
(iii) Further, for directing to the
Managing Director, B.S.F.C., Aurangabad
and the District Magistrate, Aurangabad to
consider the case of the Petitioner for the
procurement year 2016-17 for entering into
an agreement for milling in the peculiar facts
and circumstances of the case.
2. During the course of arguments, the Learned
counsel for the petitioner contended that the first and the
Patna High Court CWJC No.3257 of 2017 dt.24-01-2025
third relief as sought in the Writ petition have become
infructuous, and he intends to submit his pleadings with
respect to the second relief alone i.e., to direct the
Managing Director, BSFC and the District Manager,
BSFC to pay the bank guarantee, handling charges,
milling charges and transportation charges for different
lots for the procurement of the year 2014-15. It is
contended by the the Learned counsel for the respondents
that the petitioner shall make an appropriate application
before the Managing Director, BSFC, who in turn shall
decide the matter and shall pass an order in accordance
with law. The Learned Counsel for the petitioner
consented for it.
5. Therefore, without going into merits of the
case, this Court directs the petitioner to make an
appropriate representation with respect to the second relief
to the Managing Director, BSFC, within two weeks from
the date of receipt of this order. Further, the Managing
Director, BSFC, shall pass an appropriate order by
considering the relevant material available along with the
Patna High Court CWJC No.3257 of 2017 dt.24-01-2025
representation within three months from the date of filing
of the representation.
6. With the aforesaid directions, the Writ
petition stands disposed of.
(G. Anupama Chakravarthy, J)
Amandeep/-
Manish/-
AFR/NAFR NAFR
CAV DATE
Uploading Date 05.02.2025
Transmission Date
