Patna High Court
Akhlaque Ahmad vs The State Of Bihar on 9 May, 2025
Author: A. Abhishek Reddy
Bench: A. Abhishek Reddy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4501 of 2025
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Akhlaque Ahmad S/o Rafi Ahmad, R/o Ward No. 4, Village and P.O.-
Ratanpura, Ward No. 4, P.S.-Moro, Block-Hanumannagar, District-
Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Food and Civil
Supplies Department, Government of Bihar, New Secretariat, Patna.
2. The District Transport Committee through the District Magistrate,
Madhubani.
3. The District Magistrate, Madhubani.
4. The Sub-Divisional Officer, Madhubani Sadar.
5. The District Programme Officer, P.M. Poshal Scheme, Madhubani.
6. The Block Supply Officer, Kaluahi, Madhubani.
7. The Block Education Officer, Kaluahi, Madhubani.
8. The Officer In-charge Kaluahi Police Station, Madhubani.
9. Bihar State Food and Civil Supplies Corporation Ltd., Khadya Bhawan,
Daroga Rai Path, Patna, through its Managing Director.
10. The Managing Director, Bihar State Food and Civil Supplies Corporation
Ltd., Khadya Bhawan, Daroga Rai Path, Patna.
11. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd.,
Madhubani.
12. The Assistant Godown Manager, Bihar State Food and Civil Supplies
Corporation Ltd., Khajauli, Madhubani.
13. Sh. Arvind Kumar Gupta, S/o not known, Door Step deliviery Agent-cum
transporter, Bihar State Food and Civil Supplies Corporation Ltd.,
Madhubani.
14. Sh. Nitish Kumar Singh, S/o not known, Door Step deliviery Agent-cum
transporter, Bihar State Food and Civil Supplies Corporation Ltd.,
Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Archana Jha, Adv.
: Ms. Anamika Kumari, Adv.
For BSFC : Mr. Shailendra Kumar Singh, Adv.
: Mr. Utkarsh Utpal, Adv.
: Mrs. Shilpi Singh, Adv.
: Mr. Aayush, Adv.
For the Respondent/s : Mr. Standing Counsel (4)
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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL JUDGMENT
Patna High Court CWJC No.4501 of 2025 dt.09-05-2025
2/7
Date : 09-05-2025
Heard the learned counsel for the parties.
The present writ petition has been filed for the following
relief(s):-
"(I) For quashing the illegal and arbitrary
order contained in Memo No. 508 dated 01.03.2025
issued by the District Manager, Bihar State Food and
Civil Supplies Corporation (BSFC), Madhubani,
whereby and whereunder the petitioner, a Door-Step
Delivery Agent (DSD) cum Transporter has been
arbitrarily debarred from transportation of food
grains and the same has been reassigned to other
transporters namely respondent no. 13 and 11 without
affording an opportunity of hearing to the petitioner.
(II) For issuance of a writ of mandamus
directing the respondents to allow the petitioner to do
the transportation of food grains for the Agreement
period.
(III) For any other relief / reliefs for which
petitioners are found entitled in the facts and
circumstances of the case."
3. It is the case of the petitioner that he has entered into
an agreement with the respondent-BSFC for the purpose of door
step delivery agent-cum-transporter vide agreement dated
12.07.2018
initially for a period of three years and, thereafter, the
petitioner has been continued as a transporter. That on 24.02.2025,
the petitioner had lifted the grains from the BSFC godown at
Khajauli on his vehicle bearing Reg. No. BR-06-GB-8178 for
transportation and delivery of the grains to the three schools
Patna High Court CWJC No.4501 of 2025 dt.09-05-2025
namely i. Utkramit Madhya School, Malmal West ii. Utkramit
Madhya Vidyalaya-Pursaulia, North iii. Madhya Vidyalaya
Kalikapur. However, the authorities at the respective schools did
not take the entire quantity of the grains earmarked for them and
gave a reason in the receipts for not taking the entire stock. That
the local representative of the village seized the vehicle with the
left out food grains in the course of unloading the grains at the
third school at Utkramit Madhya School, Malmal, West and
informed the Police. That based on the complaint made by the
local representative, an FIR was lodged against the petitioner.
Though the petitioner has informed the Assistant Godown
Manager and the District Manager BSFC about the above incident,
nothing was done. Thereafter, basing on the report of the Block
Supply Officer, the authorities seems to have taken a decision to
initiate action on the petitioner and the impugned order has been
passed by the respondents stopping the petitioner from
transporting the food grains.
4. Learned counsel appearing on behalf of the petitioner
has stated that for no fault of the petitioner, the petitioner has been
stopped from transporting the grains. Though the petitioner has
submitted a detailed explanation to the show cause notice issued to
the authorities, the same has not been taken into consideration and
Patna High Court CWJC No.4501 of 2025 dt.09-05-2025
the impugned order is passed stopping the petitioner from
transporting the grains. Learned counsel has stated that mere
lodging of an FIR cannot be a basis for stopping the contract of the
petitioner. Further, it is stated by the learned counsel that there is
no allegation of any misappropriation or that the grains were
missing from the truck or that the petitioner has deviated the route
allotted to him.
5. In the counter-affidavit filed by the respondents, the
above facts have not been denied. However, it is stated by the
counsel for the respondent-BSFC that after a complaint was
received against the petitioner, the authorities duly taking into
consideration the fact that an FIR has been filed against the
petitioner and the Block Supply Officer had submitted the enquiry
report on 24.02.2025 to the Sub-Divisional Officer, Sadar
Madhubani wherein, it is stated that though the petitioner has lifted
the grains, he has not delivered 100% food grains therefore, the
necessary action needs to be taken against the petitioner. That only
after show cause notice was issued to the petitioner for terminating
the agreement, seize the bank guarantee and black list the
petitioner, the reply filed by the petitioner was taken into
consideration by the authorities and necessary orders were passed.
Patna High Court CWJC No.4501 of 2025 dt.09-05-2025
Learned counsel has therefore, prayed this Hon'ble Court to
dismiss the present writ petition.
6. A perusal of the documents filed by the petitioner
reveal that the petitioner has been entrusted with the work of
transporting the food grains from the godown to the concerned
schools and on 24.02.2025, the petitioner was handed/ loaded with
the following food grains. (Para 3 of the CA);
"i. Utkramit Madhya School,
Malmal West-17 quintals
ii. Utkramit Madhya Vidyalaya-
Pursaulia, North- 21.50 quintals
iii. Madhya Vidyalaya Kalikapur-
27 quintals"
7. Thereafter, the petitioner could not unload the entire
food grains to the concerned schools i.e., i. Utkramit Madhya
School, Malimal West ii. Utkramit Madhya Vidyalaya-Pursaulia,
North iii. Madhya Vidyalaya Kalikapur as the principals of the
respective schools were not willing to take delivery of the entire
food grains allotted to the respective schools.
8. Admittedly, in this case, the petitioner has submitted
letters from the concerned principals of the school stating that
insofar as Utkramit Madhya School, Malimal West East is
concerned, out of 17 quintals which were lifted by the petitioner,
the authority has only taken 10 quintals, that insofar as the
Utkramit Madhya Vidyalaya-Pursaulia, North is concerned, out of
21.50 quintals only 16.5 quintals have been taken and finally
Patna High Court CWJC No.4501 of 2025 dt.09-05-2025
insofar as Madhya Vidyalaya Kalikapur. is concerned, out of the
27 quintals allotted only 5 quintals was taken. That even before the
petitioner could unload the balance food grains at the third school
i.e., Utkramit Madhya School, Malimal West, some local
representative had made complaint to the Police, the Police
without verification of the stock has registered an FIR based on the
complaint of the local representative. Irrespective of the enquiry to
be conducted by the Police, it is to be noted that there is no
allegation that the petitioner has black-marketed the grains which
were lifted by him or that he has diverted the food grains or that he
has deviated from the route. A perusal of the letters issued by the
respective principals of the schools show that only part quantity of
the loaded grains were taken by them and the balance available
grains were still in the truck. Therefore, the issuance of the show
cause notice as well as the passing of the impugned order is
without any basis and on the basis of summarizes and
conjunctures. When there is no allegation of any black marketing,
diversion of the food grains, deviation of the route entrusted to the
petitioner, the authorities ought not have passed the impugned
order. The least that was expected by the authorities was to enquire
as to whether the balance food grains after delivery were intact or
not. Further, it is to be noted that the petitioner cannot be blamed if
Patna High Court CWJC No.4501 of 2025 dt.09-05-2025
the concerned principals of the school does not take the full
quantity of the grains earmarked for the schools on the ground that
the sufficient stocks were available with the schools.
9. Having regard to the above mentioned facts and
circumstances, the impugned order 01.03.2025 is set aside. The
authorities are directed to permit the petitioner to resume the
transportation of the goods.
10. With the above direction, the present writ petition
stands allowed to the extent indicated.
(A. Abhishek Reddy, J)
Ayush/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 14.05.2025.
Transmission Date NA
