M/S Baba Shokha Transport And Handling v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5275 of 2023 ====================================================== M/s Baba Shokha Transport and Handling (Transporting and Handling agent), situated at Kotwali Chowk, Madhubani through its proprietor Babu Saheb Sah, (Male) aged about 68 years, son of Late Janak Sah, Resident of J.P. Colony, Ward No. 14, P.S. and District- Madhubani. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food Supply and Consumer Protection, Government of Bihar, Patna. 2.

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

3.

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

4.

The District Magistrate, Madhubani.

5.

The Addl. Collector, Madhubani.

6.

The District Supply Officer, Madhubani.

7.

The District Manager, State Food Corporation, Madhubani. 8.

The Asst. Manager, TPDS, State Food Corporation, Madhubani. 9.

Mukesh Kumar Sah, Transporting and Handling agent, State Food Corporation, Madhubani.

10.

Mahesh Prasad Gupta, Transporting and Handling agent, State Food Corporation, Madhubani.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajendra Kumar Jain, Advocate For the BSFC :

Mr.Shailendra Kumar Singh, Advocate Ms.Usha Kumari, Advocate Mr.Utkarsha Utpal, Advocate For the State :

Mr.Anisul Haque, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date : 05-05-2023 Heard learned counsel for the petitioner, learned counsel for the Bihar State Food and Civil Supplies Corporation Limited (hereinafter referred to as the 'Corporation') and learned counsel for the State.

2. The petitioner in the present case is aggrieved by and dissatisfied with the office order dated 05.03.2022 issued under

Patna High Court CWJC No.5275 of 2023 dt.05-05-2023 2/2 signature of the District Manager, State Food Corporation, Madhubani whereby and whereunder the godowns at Bisphi and Khajouli have been withdrawn from the scope of work of the petitioner.

3. Learned counsel for the petitioner submits that the impugned order has been passed without hearing him. It is further submitted that the petitioner has made a representation as contained in Annexure '4' to the writ application and he will be satisfied if his representation is duly considered by the Managing Director of the Corporation and an appropriate decision is taken thereon.

4. Mr. Shailendra Kumar Singh, learned counsel for the Corporation and Mr. Anisul Haque, learned AC to AAG-5 for the State are present. Learned counsel for the Corporation has no objection to the issuance of such direction by this Court.

5. In the given facts and circumstances, this Court directs the Managing Director of the Corporation (respondent no. 3) to consider Annexure '4' to the writ application which is the representation of the petitioner and pass a reasoned order thereon within a period of one month from the date of receipt/production of a copy of this order.

6. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/- AFR/NAFR CAV DATE Uploading Date 06.05.2023 Transmission Date