Subodh Kumar Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17265 of 2016 ===========================================================

1. Subodh Kumar Gupta, Son of Late Babu Lal Gupta, Resident of Village- Raj Bandh, P.S.- Dohraiya, District- Banka at present Resident of Mohalla- Hanuman Path, Tilkamanjhi, P.S.- Tilkamanjhi, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Food and Civil Supply Department, Government of Bihar, New Secretariat, Patna.

2. The Principal Secretary, Food and Civil Supply Department, Government of Bihar, New Secretariat, Patna.

3. The Bihar State Food and Civil Supply Corporation, Khadya Bhawan, Daroga Rai Path, R. Block, Road No. 2, Patna through its Managing Director.

4. The Managing Director, The Bihar State Food and Civil Supply Corporation, Khadya Bhawan, Daroga Rai Path, R. Block, Road No. 2, Patna.

5. The Deputy Chief of Claim, The Bihar State Food and Civil Supply Corporation, Khadya Bhawan, Daroga Rai Path, R. Block Road No. 2, Patna. null null

6. The District Manager, The Bihar State Food and Civil Supply Corporation, Banka.

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

For the Petitioner/s : Mr. Sanjeet Kumar For the State : Mr. Upendra Pratap Singh, AC to SC4 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 09-03-2017 Heard Learned counsel for the petitioner and learned counsel for the State.

In the present writ petition, petitioner is claiming that he is proprietor of two firms, namely, M/s Aman Rice Mill, Bhagalpur and M/s Shivangi Food Processing & Company, Bhagalpur.

Petitioner has entered into an agreement with respect to two aforesaid partnership firm for the purposes of milling the

Patna High Court CWJC No.17265 of 2016 dt.09-03-2017 paddy and in terms of the agreement he has given Bank guarantee of Rs 2,00,000/- and Rs.3,00,000/- respectively for the aforesaid two firms.

Learned counsel for the petitioner submits that petitioner has already supplied rice to the Corporation and in turn has to supply the paddy in proportionate manner but he has raised grievance that he has supplied more rice and has received lesser proportionate paddy. He further submits that petitioner has been making representation to the Managing Director, the Bihar State Food and Civil Supply Corporation, Patna but Managing Director is not paying any heed to the grievances raised by the petitioner that his representation has remained unattended attached within the writ petitioner. In such view of the matter, Managing Director, Bihar State Food and Civil Supply Corporation, Patna is directed to consider his representation and take decision in accordance with law.

For convenience, petitioner is directed to file fresh detailed representation before the Managing Director, the Bihar State Food and Civil Supply Corporation, Patna who will take decision on his representation within a period of three months from the date of filing of the representation.

Patna High Court CWJC No.17265 of 2016 dt.09-03-2017 If Managing Director, Bihar State Food and Civil Supply Corporation, Patna arrives to a finding that petitioner is entitled to the proportionate paddy which petitioner is claiming in such circumstances he should either deliver the paddy or valuation of the paddy.

With the aforesaid observation and direction this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.3.2017 Transmission Date NA