Satyam Kumar @ Ram Babu Singh v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2626 of 2019 ====================================================== Satyam Kumar @ Ram Babu Singh, Sex Male, aged about 25 years, Son of Late Shankar Dani Singh @ Nepali Singh, Resident of Village- Mehus, P.SMehus, District- Sheikhpura. ... ... Petitioner/s

Versus

1.

The State Oo Bihar through Principal Secretary, Department of Food and Civil Supplies,of Bihar, Patna.

2.

The District Manager, Bihar State Food Corporation Sheikhpura. 3.

The Managing Director, Bihar State Food and Civil Supplies Corporation Limited.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar, Adv.

Mr.Raghubir Chandrayan, Adv.

For the BSFC : Mr.Sanjeev Kumar, Adv. For the Respondent/s :

Md. Anisul Haque, AC to AAG 5.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-05-2019 Let the Managing Director, Bihar State Food and Civil Supplies Corporation Limited be added as party Respondent No.3 in course of the day.

Petitioner in the present case is seeking a writ of mandamus commanding the respondents to refund the security money of Rupees Two Lakhs which he claims to have been deposited with respondent no.2. It is the case of the petitioner that on 25.05.2015 he had deposited a sum of Rupees Two Lakhs in favour of the Bihar State Food and Civil Supplies Corporation Limited with the Bank of Bihar Gramin Bank, Mehus Branch in Account No. VTR No.UTBAS15085021235. The writ application states that the money has not

Patna High Court CWJC No.2626 of 2019(2) dt.06-05-2019 2/3 been refunded. On a reading of the writ application it is not clear as to under which scheme such security deposit was made by the petitioner and whether or not he would be entitled for refund thereof.

Learned counsel for the Bihar State Food and Civil Supplies Corporation Limited submits that in the writ application a bald statement has been made that the petitioner has approached the respondent authorities on several occasions but not even a single representation has been brought on record to demonstrate and substantiate this part of the statement. Having heard learned counsel for the parties and on perusal of the records, this Court finds no reason to go into the merit of the submissions of the petitioner in absence of adequate pleading in the writ application. The petitioner, if so advised, may submit a detailed request/representation with the Managing Director, Bihar State Food and Civil Supplies Corporation Limited within a period of 30 days from today and on the petitioner's making such application of his representation, the Managing Director of the Corporation shall consider the same and after looking into the records and the materials which may be supplied by the petitioner, an appropriate decision shall be taken by the Managing Director within next 60 days from the

Patna High Court CWJC No.2626 of 2019(2) dt.06-05-2019 3/3 date of submission of the representation.

In case, the petitioner is found entitled for the refund of the security deposit as being claimed by him, the same will be refunded within the aforesaid period.

This application stands disposed of, accordingly. (Rajeev Ranjan Prasad, J) R.R.Ojha/- U