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

Patna High Court CWJC No.4481 of 2014 dt.16-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4481 of 2014 =========================================================== M/s Roshan Rice Mill, a Proprietorship Firm, having its place of business at Industrial Area, Ram Nagar, P.S. Ram Nagar, District West Champaran, through its proprietor, Roshan Jaiswal, Son of Satendra Prasad Jaiswal, Resident Of At, P.O. & P.S. Ram Nagar, District West Champaran .... .... Petitioner

Versus

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

2. The Principal Secretary, Food & Consumer Protection Department, Government of Bihar, Patna

3. The District Magistrate, West Champaran, Bettiah

4. The Sub Divisional Officer, Bagaha, District West Champaran

5. The Block Development Officer, Ram Nagar, District West Champaran

6. The Circle Officer Cum Block Supply Officer, Ram Nagar, District West Champaran

7. The Bihar State Food & Civil Supplies Corporation Limited, Sone Bhawan, Birchand Patel Path, Patna, through its Managing Director

8. The District Manager, Bihar State Food & Civil Supplies Corporation Limited, West Champaran, Bettiah

9. The Assistant Godown Manager, Bihar State Food & Civil Supplies Corporation Limited, Bagaha, District West Champaran .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Suraj Samdarshi, Advocate. For the BDFC : Mr. Shailendra Kumar Singh, Advocate. For the State : Mr. Subodh Kumar, AC to SC-16 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 16-07-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for the following releifs - "(i) For a direction to the respondent authorities, particularly respondent no. 7, to lift and accept the paddy and rice lying in the premise of the petitioner, which has been rendered unfit for milling on account of illegal and arbitrary action by the respondent authorities who sealed the premise and did not ensure safety of paddy and rice lying in such premise.

Patna High Court CWJC No.4481 of 2014 dt.16-07-2018 (ii) For a direction to the respondent authorities, particularly the respondent Bihar State Food & Civil Supplies Corporation Limited (hereinafter referred to as the 'SFC'), not to take any coercive step against the petitioner for realization of the balance custom milled rice (CMR), which has practically become impossible due to deteriorated condition of paddy, for no fault on the part of the petitioner.

(iii) For a direction to the State Government to take appropriate action against the respondents who have acted negligently, to the detriment of the petitioner; and for any other relief or reliefs to which the petitioner is found entitled."

3. At the very outset, learned counsel for the petitioner informs that the dispute between the parties has now been referred for Arbitration in Request Case No. 29/2017.

4. Learned counsel for the respondents has appeared.

5. In view of the above, the present writ petition stands disposed of.

(Vikash Jain, J) Md. Ibrarul/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 19.07.2018 Transmission Date N.A.