Ranjeet Kumar Singh v. The Food And Consumer Protection Department And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3257 of 2017 ====================================================== Ranjeet Kumar Singh S/o Ram Pravesh Singh, Resident of village- Deoria Kala, P.S.- Phesar, District- Aurangabad.

... ... Petitioner/s

Versus

1.

The Food And Consumer Protection Department 2.

The State of Bihar through District Magistrate, District- Aurangabad. 3.

The Bihar State Food and Civil Supplies Corporation Limited through its M.D., Bihar at Patna.

4.

The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Aurangabad, District ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sumeet Kumar Singh, Adv.

Mr. Shivam Singh, Adv.

Ms. Alka Singh, Adv.

Mr. Kumar Vikash, Adv.

For the Respondent/s :

Mr. Manoj Kumar, AC to GP4 For the BSFC :

Mr. Shailendra Kr. Singh, Adv.

Mr. Utkarsh Utpal, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 24-01-2025

1. The Writ petition is filed for the following reliefs:

(i) For issuance of an appropriate writ order/ direction(s)in the nature of Certiorarifor quashing the letters dated 30.4.2015 and 29.4.2015 baring Memo No.

958 issued by the District Manager, B.S.F.C., Aurangabad by which the agreement for the procurement year 2014-15 in between the

2/4 Petitioner and the B.S.F.C. has been cancelled in the light of the letter No. 3901 dated 7.4.2015 passed by the Managing Director, B.S.F.C.; on the ground that the agreement between the Petitioner and the B.S.F.C. has entered on 3.2.2015, the petitioner has been properly working, no opportunity of hearing (show-cause) has been issued to the Petitioner;

(ii) For issuance of Mandamus for directing to the Managing Director, B.S.F.C.

and District Manager, B.S.F.C to pay the bank guarantee of Rs. 2 lakhs, handling charges, milling charges of the paddy and the transportation charges of the different lots of rice and paddy for the procurement year 2014-15;

(iii) Further, for directing to the Managing Director, B.S.F.C., Aurangabad and the District Magistrate, Aurangabad to consider the case of the Petitioner for the procurement year 2016-17 for entering into an agreement for milling in the peculiar facts and circumstances of the case.

2. During the course of arguments, the Learned counsel for the petitioner contended that the first and the

3/4 third relief as sought in the Writ petition have become infructuous, and he intends to submit his pleadings with respect to the second relief alone i.e., to direct the Managing Director, BSFC and the District Manager, BSFC to pay the bank guarantee, handling charges, milling charges and transportation charges for different lots for the procurement of the year 2014-15. It is contended by the the Learned counsel for the respondents that the petitioner shall make an appropriate application before the Managing Director, BSFC, who in turn shall decide the matter and shall pass an order in accordance with law. The Learned Counsel for the petitioner consented for it.

5. Therefore, without going into merits of the case, this Court directs the petitioner to make an appropriate representation with respect to the second relief to the Managing Director, BSFC, within two weeks from the date of receipt of this order. Further, the Managing Director, BSFC, shall pass an appropriate order by considering the relevant material available along with the

4/4 representation within three months from the date of filing of the representation.

6. With the aforesaid directions, the Writ petition stands disposed of.

(G. Anupama Chakravarthy, J) Amandeep/- Manish/- AFR/NAFR NAFR CAV DATE Uploading Date 05.02.2025 Transmission Date