Moti Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17155 of 2017 ====================================================== Moti Sah son of Late Dayal Sah, Resident of Village- Raghunathpur, Police Station- Ramgarhwa, Police Station- Ramgarhwa, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna.

3.

The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd., Sone Bhawan, Virchand 4.

The District Manager, State Food Corporation, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Radha Mohan Singh, Adv.

For the BSFC :

Mr. Shailendra Kr. Singh, Adv.

Mr. Utkarsha Utpal, Adv.

For the Respondent/s :

Mr.S.Raza Ahmad -Aag5 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 19-06-2025

1. The Writ petition is filed to direct the respondent authorities for the adjustment/payment of the pending bills amounting to Rs. 8,81,889.42/- for milling, handling, transportation charges including security deposit, and further to direct the respondent authorities to pay statutory penal interest upon the pending bill amounting to Rs. 8,81,889.42/-. The further relief sought by the petitioner is to quash the Letter No. 6049, dated 17.05.2016, issued by the Managing Director, Bihar

Patna High Court CWJC No.17155 of 2017(3) dt.19-06-2025 2/3 State Food and Civil Supplies Corporation Ltd., Patna, and to direct all the District Manager, SFC, to ensure the deposit of the dues CMR amount from the millers till 24.05.2016 and then action shall be taken upon the pending bills of millers for the milling, transportation, and handling charges otherwise, FIR shall be instituted against them.

2. During the course of the arguments, it is contended by the Learned counsel for the petitioner that the petitioner has made a representation vide Annexure-7, dated 10.08.2016, which is pending before the authorities and no order has been passed. He modifies his reliefs during course of argument, contending that the representation may be disposed of by the concerned respondent.

3. On the other hand, the Learned counsel for the respondent contended that the petitioner may file a fresh representation, renewing all the facts along with supporting documents, to enable the respondent to pass an appropriate order.

Patna High Court CWJC No.17155 of 2017(3) dt.19-06-2025 3/3

4. Heard the Learned counsel for the petitioner and the the Learned counsel for the respondent.

5. Therefore, the petitioner is directed to file a representation before respondent No. 3 within one month from the date of receipt of the order of this Court with all relevant documents, and in turn, respondent No. 3 shall consider the case on merits and shall pass appropriate order within three months from date of filing of the representation.

6. With the aforesaid observations, the Writ petition stands disposed of.

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