Patna High Court
Sidhasram Rice Mill Cluster Private ... vs The State Of Bihar And Ors on 15 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9822 of 2017
======================================================
1. Sidhasram Rice Mill Cluster Private Limited Mohalla Azari, P.S. New Police
Line, P.S. Buxar, District Buxar through Arun Kumar Mishra, S/o- Srikant
Mishra, R/o- Mohalla, P.O. and P.S.- Baxar, District- Baxur.
2. Arun Kumar Mishra, S/o- Srikant Mishra, R/o- Mohalla, P.O. and P.S.-
Baxar, District- Baxur.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Food and Consumer
Department, Government of Bihar, Patna
2. The District Collector, District- Baxur.
3. The Managing Director, Bihar State Food and Civil Supply Corporation,
Patna.
4. The District Manager, Bihar State Food and Civil Supply Corporation,
Baxur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Mohan Mishra, Advocate
For the Respondent/s : Mr. Manoj Kumar, AC to GP 4
For the BSFC : M/s Shailendra Kumar Singh,
Utkarsha Utpal, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 15-05-2025
1. The petitioners have filed the Writ
petition for the following reliefs:
"(i) To quash the notice vide
no-422 dated 20.03.2017 issued by the
District Manager, State Food
Corporation, Patna for furnishing of
bank guarantee in pursuance of Hon'ble
Apex Court Order in SLP No. 1779 of
2016 dated 28.02.2016.
Patna High Court CWJC No.9822 of 2017 dt.15-05-2025
(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 and others
because the fact in the case is different.
(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 petitioners 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,
the petitioners are directed to file a representation
before the authority within two weeks from the
date of receipt of this order. In turn, the
Patna High Court CWJC No.9822 of 2017 dt.15-05-2025
appropriate authority, i.e., District Manager, BSFC,
Buxar 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
