Shrikant Sah Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Shrikant Sah Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to file a suitable representation before Respondent No. 6 (Chief General Manager, Bihar State Food and Civil Supplies Corporation, Patna) seeking installments of the interest amount due; the representation to be considered in accordance with law within a period of one week thereof.

Issue for consideration

Whether a writ of mandamus should issue commanding the respondents to issue an NOC (No-Objection Certificate) for Rs. 80,55,840.00 paid by the petitioner towards CMR/Rice for procurement years 2011-12, 2012-13 and 2013-14, and thereupon select the petitioner and issue a work order for milling of Usna Rice for procurement year 2023-24. +1 more

Ratio / Principle

Without going into the merits or demerits of the case, the present writ petition was disposed of at the stage of admission with the consent of both parties; the question of issuing the NOC/work order was not adjudicated on merits.

Key takeaways

The petitioner was granted liberty to file a suitable representation before Respondent No. 6 (newly added Chief General Manager, Bihar State Food and Civil Supplies Corporation, Patna) seeking installments of the interest amount due to the respondents, and on such representation being given, it shall be considered in accordance with law within a period of one week thereof.ratio¶26
Learned counsel for the petitioner was permitted to add the Chief General Manager, Bihar State Food and Civil Supplies Corporation, Patna as Respondent No. 6 to the writ petition, designating that office as the authority to whom the representation would be addressed.ratio¶22

Detailed headnote1 paragraphs

Civil Writ Jurisdiction Case No. 6860 of 2024 (High Court of Judicature at Patna; Oral Order of A. Abhishek Reddy, J., dated 23-10-2024) - Shrikant Sah v. The State of Bihar and others. The petitioner sought a writ of mandamus commanding the respondents to issue an NOC for Rs. 80,55,840.00 paid by him towards CMR/Rice for the procurement years 2011-12, 2012-13 and 2013-14, and thereafter to select him and issue a work order for milling of Usna Rice for the procurement year 2023-24. At the hearing, counsel submitted that the petitioner had already paid the entire sum due (approximately Rs. 80 lakhs) but the authorities had again raised a demand of approximately Rs. 29 lakhs towards interest, and that the petitioner was ready to pay it if time and installments were granted. The court permitted impleadment of the Chief General Manager, Bihar State Food and Civil Supplies Corporation, Patna as Respondent No. 6, and - expressly without going into the merits or demerits of the case and with the consent of both parties - disposed of the petition at the stage of admission, granting the petitioner liberty to file a suitable representation before Respondent No. 6 seeking installments of the interest amount, such representation to be considered in accordance with law within a period of one week thereof. No statute or precedent was cited; the substantive grievance was left undecided on merits.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6860 of 2024

======================================================

Shrikant Sah Son of Rajendra Sah Resident of Village- Dufferpur, P.O. and P.S.- Barahat, District- Banka (Bihar).

... ... Petitioner/s

Versus

The State of Bihar through the Additional Chief Secretary, Bihar State Food and Civil Supplies Department, Govt. of Bihar, Patna.

The District Magistrate, Banka.

The Bihar State Food and Civil Supplies Corporation, Khadya Bhawan, 4th Floor, Daroga Prasad Ray Path, Patna- 800001, through the Managing Director, Bihar, Patna.

The Managing Director, Bihar State Food and Civil Supplies Corporation, Khadya Bhawan, 4th Floor, Daroga Prasad Ray Path, Patna- 800001,

The District Manager, Bihar State Food and Civil Supplies Corporation (B.S.F.C.), Banka.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Namrata Mishra, Adv. For the Respondent/s : Mr. Madhav Pd. Yadav, GP-23 Mr. Arvind Kumar, AC to GP-23 For the BSFC : Mr. Shailendra Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

5 23-10-2024 Heard the learned counsel for the parties.

This writ petition has been filed for the following

relief(s):-

“For issuance of writ in the nature of mandamus commanding the Respondents to issue NOC (No-objection Certificate) for the amount of Rs.80,55,840.00 paid by the petitioner towards the CMR/Rice for the procurement year 2011-12, 2012-13 and 201314 and thereupon select him and issue work order of milling of Usna Rice for the

Patna High Court CWJC No.6860 of 2024(5) dt.23-10-2024 2/3

procurement year 2023-24.”

Learned counsel for the petitioner has stated that

the petitioner has already paid the entire sum due to the respondents i.e. approximately 80 lakhs, however, the authorities have again come up with the figure of approximately 29 lakhs towards the interest portion. Learned counsel for the petitioner has stated that the petitioner is ready to pay the said amount if some time is granted to the petitioner and installments are granted.

Learned counsel for the petitioner is permitted to add the Chief General Manger, Bihar State Food and Civil Supplies Corporation, Patna as Respondent No. 6 to this writ petition.

Learned counsel appearing on behalf of the respondents has stated that the petitioner shall be directed to give a suitable representation to the authority concerned i.e. Respondent No. 6 (newly added party) and the application of the petitioner will be considered in accordance with law.

Having regard to the above without going into the merits or demerits of the case, the present writ petition is disposed of at the stage of admission with the consent of both the parties. The petitioner is granted liberty to file a suitable

Patna High Court CWJC No.6860 of 2024(5) dt.23-10-2024 3/3

representation before the Respondent No. 6 seeking installments of the interest amount due to the respondents and on such representation being given, the same shall be considered in accordance with law within a period of one week thereof.

7.With the above direction, the present writ petition stands disposed of.

(A. Abhishek Reddy , J)

Gauravkr/-

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