Citation : 2025 Latest Caselaw 138 Patna
Judgement Date : 7 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10169 of 2017
======================================================
Ujjawal Kumar Son of Ram Suresh Prasad Singh Proprietor of M/s Kishan
Mini Rice Mill, resident of Village- Vishunpura, P.S. Sherghati, District-
Gaya.
... ... Petitioner/s
Versus
1. The Food And Consumer Protection Department Through Its Principal
Secretary
2. The State of Bihar through the District Magistrate, District- Gaya.
3. The Bihar State Food and Civil Supplies Corporation Ltd. through its
Managing Director, Bihar at Pa
4. The Chief of Finance, Head Quarter, The Bihar State Food and Civil
Supplies Corporation Ltd. Patna.
5. The District Manager, The Bihar State Food and Civil Supplies Corporation
Ltd. District- Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumeet Kumar Singh, Adv.
For the Respondent/s : Mr. Sanjay Kr.Giri-GP-9
Mr. Shailendra Kr. Singh, Adv.
Mr. Utkarsh Utpal, Adv.
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 07-05-2025
1. The Writ petition is filed for following
reliefs:-
I. That the present writ application has been filed for the issuance of the appropriate writ order(s) or direction(s) in the nature of Mandamus for commanding the respondent authorities to consider Patna High Court CWJC No.10169 of 2017 dt.07-05-2025
the genuine bill of the petitioner with respect to the transportation, milling and handling charges for the procurement year 2013-14 and 2014-15 entered between the B.S.F.C, Gaya and the petitioner of Rs.36,93,590.41 (Thirty Six Lakhs Ninety Three Thousand Five Hundred and Ninety Rupees Forty One Paise)with 12% interest and also milling charge for the procurement year 2011-12 of Rs.58,787 (Fifty Eight Thousand Seven Hundred and Eighty Seven Rupees) with 12% interest;
II. That the present writ application has been filed for the issuance of the appropriate writ order(s) or direction(s) in the nature of Mandamus for a direction to the M.D., B.S.F.C, Patna and the Chief of Finance, B.S.F.C to consider the representation given by the petitioner for the transportation, milling and handling charge for the procurement year 2013-14 and 2014-15 entered between the B.S.F.C, Gaya and the petitioner of Patna High Court CWJC No.10169 of 2017 dt.07-05-2025
Rs.36,93,590.41 with 12% interest and also milling charge for the procurement year 2011-12 of Rs. 58,787 with 12% interest from the date of dues.
III. And for the issuance of any other relief or relief(s) for which the petitioner is entitled to in the facts and circumstances of the present case.
3. During the course of arguments, the
Learned counsel for the petitioner reported that he
has made a representation dated 08.07.2017
(Annexure-6), but the same was not considered by
the respondent authorities and therefore, the Writ
petition is filed.
4. On the other hand, the Learned counsel
for the respondents submitted that there is no
endorsement on the said representation indicating
that it was received by the respondent authorities. It
is also contended by the Learned counsel for the
respondent that a fresh representation may be filed
by the petitioner to enable the respondents to pass
appropriate orders basing on the said representation.
Patna High Court CWJC No.10169 of 2017 dt.07-05-2025
5. Taking into consideration, the Writ petition
dated 08.07.2017 is not found to be within the
domain of the respondent, therefore, this Court
directs the respondent to file a fresh representation
within one month from the date of receipt of a copy
of this order. In turn, the respondent authority shall
also pass appropriate orders considering the merits
of the case within two months from the date of
receipt of this order.
6. With the aforesaid observations, the Writ
petition is disposed of.
(G. Anupama Chakravarthy, J) Manish/-
AFR/NAFR NAFR CAV DATE N/A Uploading Date 08.05.2025 Transmission Date 08.05.2025
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