M/S Anya Engicon Pvt. Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13237 of 2025 ====================================================== M/s Anya Engicon Pvt. Ltd. having its office at Gopal Niwas, Gate No.- 28, Rajapur Manipura, Patna- 800001 through its Director Saket Kumar (Male), aged about 39 years Son of Sri Umesh Sharma, Residing at Gopal Bhawan, Gate No.- 28, Rajapur Pul, Phulwari, P.O.- Patna GPO, P.S- Buddha Colony, District- Patna, PIN 800001.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna. 2.

The Bihar State Food and Civil Supplies Corporation Ltd., through its Managing Director, having its office at Khadya Bhawan, Daroga Rai Path, R-Block, Road No.- 02, Patna- 800001.

3.

The General Manager, Bihar State Food and Civil Supplies Corporation Ltd., Khadya Bhawan, Daroga Rai Path, R-Block, Road No.- 02, Patna800001. 4.

The District Officer-cum-Chairman District Transport Committee, Bihar State Food and Civil Supplies Corporation Ltd., Patna District Office, Rajwanshi Nagar, Road No.-06, Baily Road, Patna - 800015. 5.

The Additional District Magistrate Supply, Bihar State Food and Civil Supplies Corporation Ltd., Patna District Office, Rajwanshi Nagar, Road No.- 06, Baily Road, Patna- 800015.

6.

The District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Patna District Office, Rajwanshi Nagar, Road No.-06, Baily Road, Patna800015. 7.

The Deputy Development Commissioner, Bihar State Food and Civil Supplies Corporation Ltd., Patna District Office, Rajwanshi Nagar, Road No.-06, Baily Road, Patna- 800015.

8.

The Sub-Divisional Officer, Danapur Sub-Division, District Patna- 800001. 9.

The Assistant Manager-cum-Lifting Incharge, Bihar State Food and Civil Supplies Corporation Ltd., Patna, Rajwanshi Nagar, Road No- 06, Baily Road, Patna - 800015.

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

For the Petitioner/s :

Sri Dharmendra Chaubey, Advocate Mr. Akash Chaturvedi, Advocate For the State Mr. Raghwanand, G.A.-11 Mr. Rajnish Shandilya, A.C. to G.A.-11 For the B.S.F.C.

:

Mr. Shailendra Kr. Singh, Advocate Mr. Utkarsha Utpal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

Patna High Court CWJC No.13237 of 2025(2) dt.02-12-2025 2/3 02-12-2025 Heard learned counsel for the parties concerned.

2. The petitioner is aggrieved by the order passed by the District Transport Committee dated 20.03.2025 issued vide Memo No. 410 dated 07.04.2025 whereby cancellation of the Transporting-Cum-Handling contract agreement dated 31.08.2024 has been confirmed.

3. Learned counsel for the petitioner submits that petitioner was awarded a Transporting-Cum-Handling contract by the Respondent Corporation dated 31.08.2024 for transportation of foodgrains from designated godowns to FCI and SFC to various PDS centers in the Patna District. Due to certain unavoidable circumstances beyond the control of the petitioner, the supply work was temporarily obstructed. However, the petitioner continuously kept the respondent authorities informed of every development through its official letter(s), duly notifying them of specific obstructions encountered by the petitioner.

4. Learned counsel for the B.S.F.C. submits that this is a disputed question of fact for which the petitioner has a remedy before the Headquarter Transport Committee, Patna.

5. Considering the nature of dispute between the parties, the writ application is disposed of with liberty to the

Patna High Court CWJC No.13237 of 2025(2) dt.02-12-2025 3/3 petitioner to file an appeal before the Headquarter Transport Committee in accordance with the policy decision, and if such an appeal is filed, the Headquarter Transport Committee shall dispose of the same after giving personal hearing to the petitioner and all concerned and dispose of it by speaking and reasoned order.

6. Accordingly, the present writ application is disposed of.

(Anil Kumar Sinha, J) Siwani/- U