Manish Kumar v. The Food And Consumer Protection Department Through The Principal Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8978 of 2017 ====================================================== Manish Kumar Son of Arun Kumar Jha, Proprietor-cum-representative of M/s Savitri Raghunath Rice Mill, resident of Maithil Tola, Madhubani, DistrictPurnea, ... ... Petitioner/s

Versus

1.

The Food And Consumer Protection Department Through The Principal Secretary and Ors 2.

The State of Bihar, through the District Magistrate, District-Purnea. 3.

The Bihar State Food and Civil Supplies Corporation Ltd. through its Managing Director, Bihar at Pa 4.

The District Manager, The Bihar State Food and Civil Supplies Corporation Ltd. Purnea, District-Purnea 5.

The Officer in-Charge, K.hat, P.S.-K.Hat, District-Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sumeet Kumar Singh, Adv.

For the BSFC :

Mr.Shailendra Kr. Singh, Adv.

Mr.Utkarsha Utpal. Adv.

For the Respondent/s :

Mr.Manish Kumar, GP 4 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 25-04-2025

1. The present Writ petition is filed in the nature of certiorari to quash the letter dated 02.05.2017 bearing Memo No. 596, issued by the District Manager, State Food Corporation, Purnea, vide Annexure-6, on the ground that the same is against the order dated 28.02.2017 passed by the Hon'ble Apex Court in SLP (Cri) No. 1779 of 2016, and also against various clauses of the agreement entered into between the petitioner and the District Manager, BSFC, Purnea.

Patna High Court CWJC No.8978 of 2017(2) dt.25-04-2025 2/2

2. During the course of the arguments, it has been brought to the notice of this Court that the petitioner has filed a representation, vide Annexure-6, which is pending before the authority. The present Writ petition was filed on the basis of the letter dated 02.05.2017, and no appropriate order has been passed by the authority despite the representation submitted by the petitioner on dated 17.03.2017. However, without going into merits of the case, the petitioner is directed to file a fresh 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, Purnea shall consider the representation and pass an appropriate order within two months from the date of filing of the representation.

3. With the aforesaid observations, the Writ petition is disposed of.

(G. Anupama Chakravarthy, J) Amandeep/- U