Patna High Court
M/S Maa Jagdamba Rice Mills vs The State Of Bihar And Ors on 15 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12177 of 2017
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M/s Maa Jagdamba Rice Mills village Nirmalbigha, P.O. Nalanda, District
Nalanda Partner Sri Love Kumar, S/o-Sri Krishna Murari Singh R/o-Village-
Paparnausa, P.s.-Nursarai, P.O.-Machaldiha, District-Nalanda.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Food and Consumer Department, Government of
Bihar, Patna.
3. The District Collector, Nalanda.
4. The Managing Director, Bihar State Food and Civil Supply Corporation,
Patna.
5. The District Manager, Bihar State Food and Civil Supplies Corporation,
Nalanda.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Krishna Mohan Mishra, Advocate
For the State : Mr. Arvind Ujjwal -SC 4
For the BSFC : M/s Shailendra Kumar Singh,
Utkarsha Utpal, Advocate
Shilpi Singh, Advocates
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 15-05-2025
1. The petitioner has filed the Writ
petition for the following reliefs:
"(i) To quash the notice vide
no-358 dated 21.03.2017 issued by the
District Manager, Nalanda for furnishing
of bank guarantee of Rs. 2,27,64,651.09
(annexure-13) equal to the amount of
rice by misinterpreting the Hon'ble Apex
Court order and direction contain in
special Leave application no 1779(crl)
Patna High Court CWJC No.12177 of 2017 dt.15-05-2025
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 Vs.
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 2012-13.
(iii) To issue any other
writ/writs, 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 petitioner seeks
indulgence of this Court to grant liberty to file the
representation before the authority and direct the
authority to pass necessary orders duly taking into
account the objections filed by the petitioner.
3. Without going into merits of the case,
Patna High Court CWJC No.12177 of 2017 dt.15-05-2025
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 15.05.2025
Transmission Date
