Sita Ram Singh v. The Food And Consumer Protection Department Through The Principal Secretary And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10066 of 2017 ====================================================== Sita Ram Singh S/o Late Ram Keshar Singh, Proprietor of M/s Sagar Mini Rice Mill, resident of Village- Simara, P.O.- Udarwar, P.S.- Sonhan, DistrictKaimur. ... ... Petitioner/s
Versus
1.
The Food And Consumer Protection Department Through The Principal Secretary, Bihar, Patna 2.
The State of Bihar through its District Magistrate, District- Kaimur, Bhabua. 3.
The Managing Director, Bihar State Food and Civil Supply Corporation, Bihar, Patna.
4.
The District Manager, Bihar State Food and Civil Supply Corporation, Kaimur Bhabua.
5.
The Officer-in-Charge, Sonhan, P.S.- Sonha, District- Kaimur Bhabua. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramchandra Singh, Advocate For the Respondent/s :
Mr.Sanjay Kr.Giri-GP 9 Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 11-11-2020 Petitioner has prayed for the following relief(s): "(i) To quash the notice vide letter bearing memo no. 531 dated 18.03.2017 issued by the District Manager, State Food Corporation, Kaimur (Bhabua) on the ground that the same is against the order dated 28.02.2017 passed by the Hon'ble Supreme Court of India vide SLP (Cri) No.1779 of 2016 and also against the different clause of the agreement which has
Patna High Court CWJC No.10066 of 2017 dt.11-11-2020 2/3 been entered between the petitioner and the District Manager, BSFC, Kaimur (Bhabua).
(ii) For a direction to the Managing Director, BSFC, Patna and the District Manager, BSFC, Kaimur (Bhabua) to take bank guarantee as per the agreement between the petitioner and the Bihar State Food and Civil Supplies Corporation Ltd.
(iii) And for the issuance of any other relief(s) for which the petitioner is entitled to in the facts and circumstances of the present case."
Learned counsel for the petitioner invites our attention to the intervening developments which have taken place, post filing of the instant petition.
According to learned counsel, Hon'ble Apex Court, with respect to the very same subject matter, in relation to similarly situated persons, has already expressed its views in the decision reported in (2018) 8 SCC 475 titled as Arvind Tiwary Vs. State of Bihar and another as also M.A. No. 1140 of 2019 arising out of Cr. Appeal No. 998 of 2018 titled as Arvind Tiwary Vs. State of Bihar and another.
On the other hand, Shri Shailendra Kumar Singh, learned counsel appearing for the respondents, clarifies that there are other orders passed by Hon'ble the Apex Court.
Patna High Court CWJC No.10066 of 2017 dt.11-11-2020 3/3 In view of the intervening developments, learned counsel for the petitioner states that the petition can be disposed of reserving liberty to the writ-petitioner to invite attention of the authorities of the passing of the orders by the Hon'ble Apex Court, referred to supra and its applicability to the petitioner's case.
The request of the petitioner, in pursuing alternative remedies before an appropriate forum is not opposed by the respondents, and rightly so.
As such, as prayed for, the present petition is disposed of as not pursued any further.
We have not expressed any opinion on merits, leaving it open for the parties to agitate the issue if so required and desired.
(Sanjay Karol, CJ) ( S. Kumar, J) DKS/- AFR/NAFR CAV DATE Uploading Date Transmission Date