Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24528 of 2018 ====================================================== Satish Kumar S/o Late Mauzi Lal Resident of Mohalla- Gola Road, P.S. and District- Nawada.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary Department of Home, Govt. of Bihar, Patna.

2.

The Inspector General, Prison, Bihar, Patna.

3.

The District Magistrate, Nawada.

4.

The Additional District Magistrate, Nawada.

5.

The General Manager, Industrial Centre Nawada. 6.

The Senior Deputy Collector, Nawada.

7.

The District Accounts Officer, Nawada cum Member (Jail Purchasing Committee), Nawada.

8.

The Jail Superintendent, Nawada.

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Respondent/s :

Mr. Manish Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 08-09-2025

1. The petitioner has filed the Writ application for the following reliefs:

"(i) Setting aside the proceeding of the Central Purchasing Committee as held on 10.10.2013 for the financial year 2013-14 as contained in Memo No. Kara/Kara02 08/13 5085 Patna dated 10.10.13 upon which basis to approve the rates of different

2/4 commodities have been finalized and accordingly a direction has been given to make payment.

(ii) Further commanding the respondent authorities to follow the provision of Bihar Jail Manual and make payment of supplied articles accordingly.

(iii) Grant of any other incidental or consequential relief or consequential reliefs for which the petitioner can be found entitled for."

2. Heard the Learned counsel for the petitioner as well as the Learned counsel for the State.

3. At the very outset, the Learned counsel for the petitioner submitted that the issue involved in this Writ petition has already been settled by this Court in CWJC No. 66 of 2013 (Tanuja Kumari V. The State of Bihar & Ors) and there the Court has held that the Central Purchase Committee has its own area or operation and District Purchase Committee led by the District

3/4 Magistrate has its own area and the Central Purchase Committee cannot take over the work of the District Purchase Committee and held that if the District Purchase Committee has fixed the rate of supply he cannot be deprived of the rate which is fixed by the District Purchase Committee even though the Central Purchase Committee has reduced the rate.

4. Accordingly, the Learned counsel for the petitioner submitted that since this matter is squarely covered under the order passed in Tanuja Kumari (supra) this writ petition may also be disposed of on the same terms and conditions.

5. In view of the fact that this matter is squarely covered by the aforesaid order, the Writ application is allowed, in light of the order passed in Tanuja Kumari (supra), and accordingly, the petitioner is entitled for the benefit in terms of the rate fixed by the District Purchase Committee after adjusting the amount already paid to them.

6. The Inspector General of Prison,

4/4 Bihar, Patna is directed to release the fund. All process should be completed within three months from the date of receipt/production of a copy of this order.

7. Accordingly, this Writ petition is allowed in terms of order passed in Tanuja Kumari (supra).

8. Interlocutory Application(s), if any, shall stand disposed of.

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.09.2025 Transmission Date