M/S Bimla Enterprises v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13110 of 2025 ====================================================== M/S Bimla Enterprises through its partner Bhola Thakur, aged about 77 years, Gender -Male, Son of late Jagranath Thakur, permanent resident of villageShankarpur Tepri, P.S- Piyar, District- Muzaffarpur, Bihar, presently residing at Resident of C 62, Gali No. 12, Harizan Basti, Nangal Raya, S.O- Sout west Delhi ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Food and consumer Protection, Patna, Bihar.

2.

The State Transport Committee Cum Appellate Authority, Bihar State Food and Civil Supply Corporation, Patna, Bihar 3.

The District Transport Committee, Bihar State Food and Civil Supply Corporation, Vaishali through its Chairman cum District Collector, District Vaishali 4.

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

5.

The Managing Director, Bihar State Food and Civil Supply Corporation, Patna, Bihar.

6.

The District Collector, District- Vaishali.

7.

The District Manager, Bihar State Food and Civil Supply Corporation, District- Vaishali.

8.

The District Transport Officer, District- Vaishali 9.

The Santript Chandra Mehta, son of Manik Chandra Mehta, MohallaAshanagar, Post Office and Police Station - Sohsarai, District- Nalanda803118 10.

Ranvir Kumar, S/o Hari Madhav Ray, Resident of village- Rampur Chandarchan urf Dagru, post office- Chhitrauli, Police Station- Mahua, District- Vashali, PIN-844126.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prasoon Kumar, Adv.

For the Respondent/s :

Mr. Vivek Prasad, Government Pleader (7) For the BSFC :

Mr. Anjani Kumar, Sr. Adv.

Mr. Shailendra Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Patna High Court CWJC No.13110 of 2025 dt.30-08-2025 2/2 Date : 30-08-2025 The petitioner has invoked parallel remedy like filing appeal before the appellate authority and so also presenting the present writ petition. Therefore, prima facie, the present petition is premature.

2. Be that as it may, in the event of non-impleading the respondent nos. 9 and10 before the appellate authority in the memorandum of appeal filed by the petitioner, the same shall be incorporated with the permission of the appellate authority at the earliest. Thereafter, the appellate authority is hereby directed to hear the petitioner, respondent nos. 9 and 10 and proceed to decide the memorandum of appeal within a period of six weeks from the date of receipt of this order.

3. The writ petition stands disposed of.

(P. B. Bajanthri, ACJ) ( Arvind Singh Chandel , J) shailendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.09.2025 Transmission Date NA