Patna High Court
Naveen Kumar vs The State Of Bihar on 1 May, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1509 of 2025
======================================================
Naveen Kumar Son of Lilanand Jha, Resident of Village- Balaur, PS-
Manigachi, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary Food and
Consumer Protection Department, Government of Bihar, Patna.
2. The Managing Director, Bihar State Food and Civil Supplies Corporation,
R-Block, Khadya Bhawan Daroga Prasad Rai Path, Road No.2, Bihar, Patna.
3. The Deputy General Manager Director, Transpotation, Head Office, Bihar
State Food and Civil Supplies Corporation, R-Block, Khadya Bhawan,
Daroga Prasad Rai Path, Road no. 2, Bihar, Patna.
4. The District Magistrate Cum Chairman, District Transport Committee,
Madhubani.
5. The Deputy Development Commissioner Cum Vice-Chairman, District
Transport Committee, Madhubani.
6. The District Supply Officer Cum Member, District Transport Committee,
Madhubani.
7. The District Transport office Cum Member, District Transport Committee,
Madhubani.
8. The District Manager Cum Member Secretary, District Transport
Committee, Bihar State Food and Civil Supplies Corporation, Khadi
Bhandar Road, Old LIC Campus, Madhubani.
9. The Block Supply Officer, Madhepur Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rama Kant Sharma, Sr. Advocate
Mr. Rakesh Kumar Samrendra, Advocate
For the State : Mr. Alok Kumar Rahi, Advocate
For the BSFC : Mr. Anjani Kumar, Sr. Advocate
Mr. Shailendra Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)
Date : 01-05-2025
1. Heard Mr. Rama Kant Sharma, learned Senior
counsel assisted by Mr. Rakesh Kumar Samrendra for the
Patna High Court CWJC No.1509 of 2025 dt.01-05-2025
2/8
petitioner, Mr. Anjani Kumar, learned Senior counsel assisted by
Mr. Shailendra Kumar Singh for the Bihar State Food and Civil
Supplies Corporation (hereinafter referred to as 'the
Corporation') and Mr. Alok Kumar Rahi, learned counsel for the
State of Bihar.
2. The petitioner has filed the instant writ application
praying for quashing the order contained in Memo no.1841
dated 5.10.2024 whereby the respondents were pleased to cancel
the agreement entered into between the Corporation and the
petitioner, blacklisted the petitioner for a period of five years
and further ordered that the security money to the tune of Rs.5
lacs and the Bank guarantee to the tune of Rs.10 lacs shall both
stand forfeited. Further prayer has been made to direct the
respondents to take into consideration the submission of final
form in connection with Madhepura P.S Case no.83 of 2021
wherein the petitioner was not sent up and for other reliefs.
3. The facts in brief are that the respondent-
Corporation came out with a Notice Inviting Tender no.5784 on
8.7.2020
for the purpose of selection of Transportation-cum-
Handling Contractors for transportation of foodgrains in the
District of Madhubani. The petitioner having participated in the
bid was successful and an agreement was entered into between
Patna High Court CWJC No.1509 of 2025 dt.01-05-2025
the petitioner and the Corporation on 2.3.2021. It further
transpires from the records of the case that having received
secret information about black-marketing being done, a raid was
conducted as a result of which the Block Supply Officer,
Madhepura with the assistance of the police personnel was able
to seize 212 sacks of grain meant for purpose of black-
marketing and which led to registration of an F.I.R being
Madhepura P.S Case no.83 of 2021.
4. A show-cause notice dated 31.5.2021 was issued to
the petitioner and on receipt of his reply, which was not found to
be satisfactory, the agreement entered into by the Corporation
with the petitioner was cancelled and he was blacklisted for a
period of five years. It was further ordered that the sum of Rs.5
lacs deposited by way of security money and Rs.10 lacs of Bank
guarantee would both stand forfeited.
5. Against the aforesaid order, the petitioner moved
this Court in CWJC no.3995 of 2024. By order dated 2.4.2024,
the writ application was allowed setting aside the order
impugned with a direction to the respondent to issue a fresh
show-cause notice to the petitioner, to consider the reply filed
by him and to pass a reasoned and speaking order taking into
consideration the defence of the petitioner.
Patna High Court CWJC No.1509 of 2025 dt.01-05-2025
6. Pursuant to the aforesaid order dated 2.4.2024
passed in CWJC no.3995 of 2024, a fresh show-cause notice
was served on the petitioner on 13.5.2024. The same was
followed by another notice dated 24.8.2024 sent by the District
Officer-cum-Chairman, District Transport Committee,
Madhubani asking the petitioner to show-cause as to why the
agreement be not cancelled and the Bank guarantee and security
money be not forfeited after blacklisting the petitioner for
having violated Clause 4(a), (b), (c), (d), (e), (f) and (g) of the
NIT. The petitioner filed his reply.
7. Taking into consideration the contents of the reply
of the petitioner as also the documents enclosed with the same, a
detailed order contained in Memo no.1841 dated 5.10.2024
(impugned herein) was passed by the Members of the District
Transport Committee, Madhubani cancelling his agreement,
blacklisting him for a period of five years and forfeiting his
security money and Bank guarantee.
8. Mr. Rama Kant Sharma, learned Senior counsel
appearing for the petitioner submitted that the respondent
authorities failed to take into consideration that for the
allegations of black-marketing levelled against the petitioner, an
F.I.R was also registered against him wherein on investigation,
Patna High Court CWJC No.1509 of 2025 dt.01-05-2025
final form had been submitted not sending up the petitioner. The
respondent authorities failed to take the same into consideration
and thus erred in coming to the conclusion and passing of the
order impugned. It was submitted that in fact it was the Block
Supply Officer, who was responsible for the wrongdoings and
the respondents had not taken into consideration the contents of
the reply filed by the petitioner. As such, it was prayed that the
order impugned be set aside and the application be allowed.
9. Learned counsel appearing for the respondents
submitted that in compliance of the direction of this Court as
contained in order dated 2.4.2024 passed in CWJC no.3995 of
2024, the contentions raised by the petitioner in his reply to the
show-cause notice was considered and by a detailed order, all
the points having been considered and the final order has been
passed cancelling the agreement. There is no illegality in the
order impugned, no merit in the instant application and thus the
case be dismissed.
10. Heard learned Senior counsel for the petitioner,
learned counsel for the respondents and perused the materials on
record.
11. As directed by this Court in its order dated
2.4.2024 passed in CWJC no.3995 of 2024, a show-cause notice
Patna High Court CWJC No.1509 of 2025 dt.01-05-2025
was given to the petitioner to which he filed a detailed reply.
The same was considered by the respondent-Members of the
District Transport Committee, who proceeded to pass the
impugned order containing in Memo no.1841 dated 5.10.2024.
Perusal of the order impugned would show that the same
considers the points raised by the petitioner and which have
been dealt with in the following manner :-
(i) As per the petitioner, the 212 sacks of grains were
received by the seller Mahesh Prasad Singh on 30.5.2021 itself.
It is stated by the respondents in the aforesaid order that if this
was the case, the same should have been registered in the POS
(Point of Sale) machine on the same day, instead the same was
shown to have been received on 10.6.2021. This clearly showed
that the receipt produced showing the sale on 30.5.2021 was
clearly back dated.
(ii) On obtaining the online tracking report with
respect to the vehicle in question it transpired that the vehicle
transporting the grains had not proceeded on the fixed route.
(iii) The Court of the learned Sub Divisional Judicial
Magistrate, Jhanjharpur had issued summons for appearance of
the driver of the vehicle in question.
12. The aforesaid facts clearly showed that there had
Patna High Court CWJC No.1509 of 2025 dt.01-05-2025
been violation by the petitioner of the provisions contained in
different sub-clauses of Clause-4 of the agreement according to
which the petitioner, who was the transporting, handing-cum-
delivery agent, was required to obey all the directions issued by
the Government, to work under the supervision of the authorised
representative of the Corporation and to transport the foodgrains
from the godown of the Corporation to the designated fair price
dealer shop through the route chart fixed by the District
Magistrate within reasonable travelling period.
13. Clause-4 further provided that in case of the
agent's/petitioner's causing delay in lifting of essential
foodgrains, he would be liable to be proceeded against under the
Essential Commodities Act and in case, the driver or owner of
the vehicle or any person deployed by the transporting-cum-
handling agent is found indulging in black-marketing or theft of
the foodgrains then punitive action would be taken against the
transporter and he will be blacklisted for five years.
14. Taking into consideration the aforesaid facts
including seizure of the grains by the Block Supply Officer,
Madhepura, the respondents rightly took the decision of
cancelling the agreement with the petitioner, blacklisting him
for five years and forfeiting his security money and Bank
Patna High Court CWJC No.1509 of 2025 dt.01-05-2025
guarantee.
15. The petitioner has not made out any case for
interference in the order impugned by this Court.
16. The Court finds no merit in the instant application
and the same is dismissed.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
avinash/-
AFR/NAFR
CAV DATE N/A
Uploading Date 08.05.2025
Transmission Date
