Nawal Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.389 of 2025 ====================================================== Nawal Kishore Singh Son of Ram Chandra Singh Resident of Village- Kumar, P.S.- Sikandra, District- Jamui, Proprietor of Maa Jagdamba Mini Rice Miles, Kumar, Police Station- Sikandra, District- Jamui. ... ... Petitioner/s

Versus

1.

The State of Bihar (through Secretary Bihar State Food and Civil Supplies) Govt. of Bihar, Patna.

2.

The Secretary, Bihar State Food and Civil Supplies, Bihar, Patna. 3.

The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd., Khadya Bhawan, R. Block, Daroga Prasad Rai Path, Road No.- 2, Patna.

4.

The General Manager, Bihar State Food and Civil Supplies Corporation Ltd., Khadya Bhawan, R. Block, Daroga Prasad Rai Path, Road No.- 2, Patna.

5.

The District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Jamui.

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

For the Petitioner/s :

Mr. Parmanand Pd. Nr. Sahi, Adv.

For the Respondent/s :

Mr. Standing Counsel (28) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 29-07-2025 Heard the learned counsel for the parties.

2. This writ petition has been filed for the following relief(s):- "I) For a direction to the respondents to make payment of admitted dues of Rs. 2,00,000/- (Two Lac) to the petitioner which was deposited by Bank Draft No. 247871 dated 16.02.2015 in the name of Bihar State Food and Civil Supplies Corporation Ltd.

II) For further direction to the respondents to pay interest at commercial rate

2/4 to the petitioner on illegal withholding of admitted dues for the work done by the petitioner."

3. Learned counsel for the petitioner states that the petitioner for the financial year 2014-15 has enrolled himself for the supply of CMR rice and deposited an amount of Rs. 2,00,000/- as security deposit. That the petitioner thereafter has supplied the CMR and there are no dues pending against the petitioner. However, even after expiry of the period of agreement the authorities have till date not refunded the security deposit of Rs. 2,00,000/- paid by the petitioner. That though the petitioner has been doing the rounds of the office of the authorities and making several representations, till date the authorities have not refunded the security deposit of Rs. 2,00,000/-. Learned counsel for the petitioner has stated that recently i.e. on 09.08.2024 the petitioner has given a representation (Annexure- P/3) to the Respondent No. 5 herein i.e. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Jamui and the direction may be given to the said authority to consider the said representation and refund the security deposit.

4. Learned counsel appearing on behalf of the

3/4 respondents (BSFC) has stated that the representation given by the petitioner reached to The District Manager, Bihar State Food and Civil Supplies Corporation Ltd., who is not the competent authority and the petitioner may be directed to make fresh representation to the Managing Director (BSFC) and along with requisite documents and the same shall be considered in accordance with law.

5. Having regard to the above made submissions, the present writ petition is disposed of at the stage of Admission without going into the merits or demerits of the case. The petitioner is directed to file a fresh representation to the Managing Director along with the requisite documents within a period of four weeks from today. On such representation being made, the Respondent No. 3 shall consider the same and pass necessary orders for release of the security deposit made by the petitioner. In case the authority is of the opinion that the case of the petitioner does not merit any consideration, he shall pass a reasoned order giving reasons for such rejection. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks from the date of receipt of the copy of the representation from the petitioner. Any order passed shall be communicated to the party.

4/4

6. With the above directions, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Gauravkr/- U