M/S Shanti Rice Mill v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7225 of 2016 ====================================================== M/s Shanti Rice Mill, Sonaili, Katihar through its proprietor namely Ashish Kumar Singh, son of Mritunjay Prasad Singh, resident of village= Sonaili, P.S. Sonaili, District- Katihar (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna

2. The Principal Secretary, Co-operative Department, Government of Bihar, Patna

3. The District Co-operative Officer, Katihar

4. The Managing Director, Bihar State Food Corporation, Bihar, Patna

5. The District Manager, Bihar State Food Corporation, Katihar, DistrictKatihar (Bihar)

6. The District Magistrate, Katihar, District- Katihar (Bihar). .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None.

For the State : Mr. Harish Singh, A.C. to GP-6 For the Corporation : Mr. Shailendra Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-08-2018 No body appears for the petitioner.

Heard learned counsel appearing for the Bihar State Food and Civil Supplies Corporation.

The petitioner has filed the instant writ petition for quashing of Mill Attachment List and order contained in Memo No. 516 dated 20.08.2016 issued by the District Co-operative Officer, Katihar whereby the names of rice millers of Katihar district have been attached against the Primary Agriculture Credit Co-operative Society Limited (for short 'PACCS')/ Trade

Patna High Court CWJC No.7225 of 2016 (7) dt.21-08-2018 2/3 Division. The petitioner has further prayed for directing the respondents to prepare a fresh Mill Attachment List according to their milling capacity as per direction of the Principal Secretary, Co-operative Department.

Learned counsel appearing for the Bihar State Food and Civil Supplies Corporation submitted that the Government of India has fixed cut off date of procurement of paddy from 05.12.2015 to 31.03.2016 and received custom milled rice upto 30.06.2016. By letter dated 02.12.2015 issued under the signature of Principal Secretary, Co-operative Department, Government of Bihar, detailed work projects/guidelines were issued for procurement of custom milled rice for the year 2015-16 through PACCS/Trade Divisions. Thereafter, in pursuance of the direction of the Chief Secretary as well as Managing Director of the Bihar State Food and Civil Supplies Corporation, six rice millers were attached with PACCS and Trade division wise and a provisional Mill Attachment List contained in Memo No. 1698 dated 23.12.2015 was issued by the Bihar State Food and Civil Supplies Corporation, Katihar. He contended that the Mill Attachment List was prepared for the year 2015-16 and the period has already expired and in that view of the matter, the writ petition has become infructuous.

Patna High Court CWJC No.7225 of 2016 (7) dt.21-08-2018 3/3 In view of the submissions made above, the writ petition is dismissed as infructuous.

(Ashwani Kumar Singh, J) Pradeep/- U