Radhay Shyam Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21435 of 2021 ====================================================== Radhay Shyam Sharma son of Late Brijnandan Singh, resident of VillageMananpur, P.S.-Ghosi, District-Jehanabad, Prop. M/s Ganesh Rice Mill at Mananpur, District-Jehanabad.

... ... Petitioner/s

Versus

1.

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

The Managing Director, Bihar State Food and Civil Supply Corporation Ltd., Daroga Rai Path, Patna.

3.

The District Manager, Bihar State Food and Civil Supply Corporation Ltd., Jehanabad.

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

For the Petitioner/s :

Mr. Rajesh Mohan, Advocate For the Respondent/s :

Mr. S. Raza Ahmad (Aag5) Mr. Shailendra Kumar Singh, Mr. Utkarsh Utsav, Advocates ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 24-02-2022 Heard learned counsel for the parties.

Petitioner has prayed for following relief:- 'For a direction / directions upon the respondents for payment of remuneration / commission to the petitioner as per terms of agreement executed between the petitioner and the respondent Bihar State Food & Civil Supply Corporation Ltd. (hereinafter to be referred as 'the BSFC' for brevity) for supply of Customs Milled Rice (CMR) to the BSFC for the years 2011-12, 2012-13 & 2013-14 and further for a direction / directions to the respondents to dispose of the petitioner's representations dated 04.02.2020, 14.12.2020 & 23.11.2021 respectively filed for payment of remuneration / commission for supply of CMR to the

Patna High Court CWJC No.21435 of 2021 dt.24-02-2022 2/2 BSFC since 2011-12, 2012-13 & 2013-14 and for other order/orders, relief/reliefs for which the petitioner is entitled too."

After the mater was heard for some time, finding the Court not in favour of the submissions made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petitioner will be content if the petitioner is permitted to withdraw the present petition, with liberty to initiate appropriate proceedings before the appropriate forum and to take recourse to such other alternate remedies which are equally efficacious in law.

Prayer allowed.

It stands clarified that all issues of fact and law are left open to be agitated by the competent authority. The petition is disposed of as withdrawn with the liberty aforesaid.

Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/-Ranjan AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA