Binod Kumar Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3881 of 2016 In Civil Writ Jurisdiction Case No. 8190 of 2016 ====================================================== Binod Kumar Sah, Son of Sri Paras Sah, Resident of Chandan Nagar, Gulab Bag, Sadar, District:- Purnea. Proprietor of Hari Lal Ji Rice Udyog. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Dr. Deepak Kumar, the Principal Secretary, Department of Food, Supply and Consumer Protection, Government of Bihar Patna.

3. Mr. Ganga Prasad, the Managing Director, Bihar State Food and Civil Supply Corporation, Patna.

4. Mr. Ravindra Prasad Singh, the District Manager, Bihar State Food and Civil Supply Corporation, Purnea.

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

For the Petitioner/s : Mr. Shashi Bhushan Kumar, Adv. For the Respondent/s : Mr. Md. Kamil Akhtar, AC to AAG-5 For the Respondent-BSFC: Mr. Nirmal Kumar, Adv. Mr. Alok Ranjan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 29-11-2017 Heard Mr. Shashi Bhushan Kumar, learned counsel appearing for the petitioner, Mr. Alok Ranjan, learned counsel appearing for the Bihar State Food and Civil Supply Corporation (hereinafter referred to as 'the Corporation') and learned counsel for the State.

Mr. Shashi Bhushan Kumar, learned counsel appearing for the petitioner in reference to the order passed by the Managing Director of the Corporation, a copy of which is present at Annexure 'A' has accepted that he has received the amount found admissible by the Managing Director of 'the

Patna High Court MJC No.3881 of 2016 (7) dt.29-11-2017 Corporation' to the tune of Rs.7,88,332.33. He though questions the rejection by the Managing Director of 'the Corporation' towards the transportation and handling charges to the tune of Rs.8,60,775/- as well as the security amount which comes to about Rs.2,00,000/- for which he seeks leave to question the same in a duly constituted proceeding.

Leave is granted to the petitioner to question the order passed by the Managing Director of 'the Corporation' bearing Memo No.9792 dated 20.9.2017 present at Annexure 'A' in so far as it rejects the claim of the petitioner towards transportation/ handling charges as well as forfeiture of security before the appropriate forum.

The contempt application is disposed of accordingly. (Jyoti Saran, J) SKPathak/- U