Patna High Court
Harendra Kumar vs The State Of Bihar And Ors on 27 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8618 of 2018
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Harendra Kumar Son of Late Brahamdeo Singh resident of Fatehpur, P.S. -
Karai Parsurai, District - Nalanda, Proprietor of M/S Makarouta PACKS Rice
Mill, Fatehpur, Nalanda.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Food and Consumer Protection Department,
Government of Bihar, Patna.
3. The District Magistrate, Nalanda.
4. The Managing Director, Bihar State Food and Civil Supplies Corporation
Ltd., Patna.
5. The District Manager, Bihar State Food Civil Supplies Corporation,
Nalanda.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Kumar, Advocate
For the State : Mr. Arvind Ujjwal SC 4
For the BSFC : M/s Shailendra Kumar Singh,
Utkarsha Utpal, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 27-06-2025
1. The petitioner has filed the Writ
petition for the following reliefs:
"1. To quash the notice vide
memo no- 384 dated 21.03.2017 issued
by the District Manager, Nalanda for
furnishing of bank guarantee of Rs.
1,55,64,043.16 (Annexure-7) equal to
the cost of Custom Rice Mill by
misinterpreting the Hon'ble passed
Apex Court order, passed in Special
Patna High Court CWJC No.8618 of 2018 dt.27-06-2025
Leave Application no. 1779 (Crl) of 2016
dated 28.02.2016.
ii. To hold and declare that
the letter issued by the respondent
Corporation is bad and illegal in view of
the fact that the petitioner is not liable
to furnish bank guarantee as per the
direction given by the Hon'ble Supreme
Court in S.L.P.(Crl.)No. 1779 OF 2016 in
the case of State of Bihar and others
Versus Devesh Kumar Choudhary, as
the terms of agreement in 2011-12 and
2012-13 is entirely different and the
Hon'ble Court has given direction by
relying the agreement of 2012-2013
and petitioner was not party in SLP.
iii. To issue any other writ /
writes, order/orders, direction/directions
as your lordships deem fit and proper in
the facts and circumstances of case."
2. During the course of the arguments, the
Learned counsel for the respondents seeks
indulgence of this Court to grant liberty to the
petitioner to file a representation before the
authority and direct the authority concerned to
pass necessary orders duly taking into account the
objections filed by the petitioner.
Patna High Court CWJC No.8618 of 2018 dt.27-06-2025
3. Without going into merits of the case,
the petitioner is directed to file a representation
before the authority within two weeks from the
date of receipt of this order. In turn, the
appropriate authority, i.e., District Manager, BSFC,
Nalanda shall consider the representation and pass
an appropriate order within two months from the
date of filing of the representation.
4. With the aforesaid observations, the Writ
petition is disposed of.
5. Interlocutory Application(s), if any,
shall stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 27.06.2025
Transmission Date
