Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6458 of 2025 ====================================================== 1.

Dhiraj Kumar Son of Sudhir Kumar Singh, Resident of Ratanpur, Ward No.- 21, Post Office- Begusarai, Police Station- Ratanpur, District- Begusarai, Bihar, PIN- 851101.

2.

Manoj Kumar Mishra, Son of Gowardhan Mishra, Resident of Ghoghwaliya, Sanwan, Saun Buxi Zee, Post Office- Ashoknagar, Police Station- Jalalpur, District- Saran, Bihar 841412.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Civil Supply Department, Government of Bihar, New Secretariat, Patna. 2.

The Principal Secretary, Food and Civil Supply Department, Government of Bihar, New Secretariat, Patna.

3.

The District Magistrate, Darbhanga.

4.

The District Magistrate cum Chairman, District Transport Committee, Darbhanga.

5.

The Bihar State Food and Civil Supply Corporation Ltd., Khadya Bhawan, Daroga Rai Path, R- Block, Road No.- 2, Patna through its Managing Director.

6.

The Managing Director, The Bihar State Food and Civil Supply Corporation Ltd., Khadya Bhawan, Daroga Rai Path, R- Block, Road No.- 2, Patna. 7.

The Chief General Manager (PD), Bihar State Food and Civil Supply Corporation Ltd., Khadya Bhawan, Daroga Rai Path, R- Block, Road No.- 2, Patna.

8.

The District Manager, Bihar State Food and Civil Supply Corporation Ltd., Darbhanga.

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

For the Petitioner/s :

Mr. Sanjeet Kumar For the B.S.F.C.

:

Mr. Shailendra Kumar Singh, Advocate For the State :

Mr. Md. Raza S. Ahmad, AAG-5 Mr. Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 27-04-2026 Heard learned counsels for the parties.

Patna High Court CWJC No.6458 of 2025(5) dt.27-04-2026 2/3

2. Following is the relief sought for in the present writ application:- "1. That the present writ application is being filed for issuance of appropriate writ/writs, order/orders, direction/directions for following reliefs:

(I) For quashing of the NIT No. 10360 dated 28.12.2024 issued under the signature of the Chief General Manager (PD), Bihar State Food and Civil Supply Corporation Ltd. by which notice inviting tender has been published for selection and empanelment of Transportation-cum-Handling Contractor for inter-district transportation of Customed Milled Rice (CMR) and gunny bales of Bihar State Food and Civil Supply Corporation Ltd. (in short 'BSFC', 'Corporation') for the reason that the petitioners have also been appointed as Transport-cum-Handling Agent for the revenue district of Darbhanga, by a process of selection through NIT issued prior to the present NIT and the terms of agreement for doing transportation work, entered into between petitioners and BSFC still is in existence and issuance of fresh NIT for the work of inter-district transportation of Customed Milled Rice (CMR) and gunny bales are illegal and arbitrary because of the reason also that the petitioners are also doing transportation work of inter-district transportation for the godowns situated in revenue district of Darbhanga.

(II) For any other relief/reliefs this Hon'ble Court may find fit and proper in the facts and circumstances of the present case."

3. Learned counsel for the respondent submits that

Patna High Court CWJC No.6458 of 2025(5) dt.27-04-2026 3/3 pursuant to the NIT under challenge, the work order has been issued and the agreement has also been executed on 27.03.2025.

4. Considering the fact that the work order and the agreement has already been executed which is not under challenge in the present application, this Court is of the view that no further order is required to be passed in the present application.

5. Accordingly, the present application stands disposed of.

6. If so advised, the petitioner shall be at liberty to challenge the said work order and agreement by way of filing a separate writ application.

7. Pending application(s), if any, shall also stand disposed of.

(Sudhir Singh, J) (Shailendra Singh, J) Sachin/- U