Ujjawal Kumar v. The Food And Consumer Protection Department Through Its Principal Secretary And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10169 of 2017 ====================================================== Ujjawal Kumar Son of Ram Suresh Prasad Singh Proprietor of M/s Kishan Mini Rice Mill, resident of Village- Vishunpura, P.S. Sherghati, DistrictGaya. ... ... Petitioner/s
Versus
1.
The Food And Consumer Protection Department Through Its Principal Secretary 2.
The State of Bihar through the District Magistrate, District- Gaya. 3.
The Bihar State Food and Civil Supplies Corporation Ltd. through its Managing Director, Bihar at Pa 4.
The Chief of Finance, Head Quarter, The Bihar State Food and Civil Supplies Corporation Ltd. Patna.
5.
The District Manager, The Bihar State Food and Civil Supplies Corporation Ltd. District- Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sumeet Kumar Singh, Adv.
For the Respondent/s :
Mr. Sanjay Kr.Giri-GP-9 Mr. Shailendra Kr. Singh, Adv.
Mr. Utkarsh Utpal, Adv.
====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 07-05-2025
1. The Writ petition is filed for following reliefs:- I. That the present writ application has been filed for the issuance of the appropriate writ order(s) or direction(s) in the nature of Mandamus for commanding the respondent authorities to consider
2/4 the genuine bill of the petitioner with respect to the transportation, milling and handling charges for the procurement year 2013-14 and 2014-15 entered between the B.S.F.C, Gaya and the petitioner of Rs.36,93,590.41 (Thirty Six Lakhs Ninety Three Thousand Five Hundred and Ninety Rupees Forty One Paise)with 12% interest and also milling charge for the procurement year 2011-12 of Rs.58,787 (Fifty Eight Thousand Seven Hundred and Eighty Seven Rupees) with 12% interest;
II. That the present writ application has been filed for the issuance of the appropriate writ order(s) or direction(s) in the nature of Mandamus for a direction to the M.D., B.S.F.C, Patna and the Chief of Finance, B.S.F.C to consider the representation given by the petitioner for the transportation, milling and handling charge for the procurement year 2013-14 and 2014-15 entered between the B.S.F.C, Gaya and the petitioner of
3/4 Rs.36,93,590.41 with 12% interest and also milling charge for the procurement year 2011-12 of Rs.
58,787 with 12% interest from the date of dues.
III. And for the issuance of any other relief or relief(s) for which the petitioner is entitled to in the facts and circumstances of the present case.
3. During the course of arguments, the Learned counsel for the petitioner reported that he has made a representation dated 08.07.2017 (Annexure-6), but the same was not considered by the respondent authorities and therefore, the Writ petition is filed.
4. On the other hand, the Learned counsel for the respondents submitted that there is no endorsement on the said representation indicating that it was received by the respondent authorities. It is also contended by the Learned counsel for the respondent that a fresh representation may be filed by the petitioner to enable the respondents to pass appropriate orders basing on the said representation.
4/4
5. Taking into consideration, the Writ petition dated 08.07.2017 is not found to be within the domain of the respondent, therefore, this Court directs the respondent to file a fresh representation within one month from the date of receipt of a copy of this order. In turn, the respondent authority shall also pass appropriate orders considering the merits of the case within two months from the date of receipt of this order.
6. With the aforesaid observations, the Writ petition is disposed of.
(G. Anupama Chakravarthy, J) Manish/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 08.05.2025 Transmission Date 08.05.2025