M/S Golchha Udyog v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1062 of 2015 In Civil Writ Jurisdiction Case No. 6643 of 2014 ======================================================

1. M/s Golchha Udyog .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mr. Deepak Kumar, through its Managing Director, Bihar State Food and Civil Supplies Corporation, sone Bhawan, Veer Chand Patel Path.

3. Mr. Deepak Kumar, Managing Director, Bihar State Food and Civil Supplies Corporation, Sone Bhawan, Veer Chand Patel Path, Patna.

4. Mr. Ajay Kumar Chaudhary, District Magistrate, Araria.

5. Mr. Satish Kumar, District Manager, Araria, Bihar State Food and Supply Corporation Ltd.

6. Mr. Satyanand, through its General Manager, Food Corporation of India, Arunachal Bhavan, Exhibition Road, Patna 800001. .... .... Opp.Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Suraj Samdarshi For the BSFC : Mr. Shailendra Kr. Singh For the FCI : Mr. Prabhakar Tekariwal For the State : Mr. A.B.Sinha, GA-8 Ms. Kalpana, AC to GA 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 15-11-2016 Heard learned counsel for the petitioner, learned counsel for the Bihar State Food and Civil Supplies Corporation as also learned GA-8 for the State.

The contempt application has been filed alleging violation of the order dated 5.5.2014 passed in CWJC No. 6643/2014.

The only contempt alleged is that the opposite parties have not complied with the direction by permitting the

Patna High Court MJC No.1062 of 2015 (2) dt.15-11-2016 2/2 petitioner to sell the rice in the open market and therefore violated the order of this Court.

It is submitted by learned counsel for the Corporation that as a matter of fact the petitioner had been, subsequent to the filing of the contempt application, permitted to sell the milled rice and the petitioner had sold the milled rice and deposited 80% of the amount whereas the cheque for the remaining 20% of the amount bounced for which the petitioner claimed adjustment against milling and transportation charges. Although the said facts have not been stated on affidavit but on the basis of the instructions received from the opposite parties of the Bihar State Food and Civil Supplies Corporation, it does not appear that the contempt application survives in view of the subsequent development. The contempt application is, accordingly, dismissed.

(Ramesh Kumar Datta, J) S.Pandey/- U