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Sachindra Kumar Rai v. The State Of Bihar and Ors.

Patna HC15 May 2025CWJC/9508/2017

Case brief

AI extract

What is this about?

CWJC 9508 of 2017; Patna High Court; bank guarantee Rs. 256,26,841.01; notice no-1025 dated 18.03.2017; District Manager State Food Corporation Vaishali; BSFC; Bihar State Food and Civil Supply Corporation; rice mill; SLP No. 1779 of 2016 dated 28.02.2016; S.L.P. (Crl) No. 1779 of 2016; State of Bihar and others Vs. Devesh Kumar Choudhary; representation to authority; disposed without going into merits; G. Anupama Chakravarthy; 15-05-2025.

What did the court decide?

Liberty to the petitioner to file a representation before the authority within two weeks of receipt of the order; the District Manager, BSFC, Vaishali at Hazipur directed to consider the representation and pass an appropriate order within two months of its filing; writ petition and interlocutory application(s), if any, disposed of. ¶26

Sachindra Kumar Rai Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the notice vide no-1025 dated 18.03.2017 issued by the District Manager, State Food Corporation, Vaishali, requiring the petitioner to furnish a bank guarantee of Rs. 256,26,841.01 in pursuance of the Hon'ble Apex Court order in SLP No. 1779 of 2016 dated 28.02.2016, ought to be quashed. +1 more

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Ratio / Principle

Without going into the merits of the case, the petitioner is directed to file a representation before the authority within two weeks from the date of receipt of this order.

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Key takeaways

The appropriate authority, i.e., the District Manager, BSFC, Vaishali at Hazipur, shall consider the representation.ratio¶23
The authority shall pass an appropriate order on the representation within two months from the date of filing of the representation.ratio¶25
With the aforesaid observations, the Writ petition is disposed of.ratio

Detailed headnote1 paragraphs

Patna High Court — Civil Writ Jurisdiction Case No.9508 of 2017 (oral judgment dated 15-05-2025, G. Anupama Chakravarthy, J.; NAFR). Sachindra Kumar Rai, proprietor of Rajesh Rice Mill (Vaishali), challenged the notice vide no-1025 dated 18.03.2017 issued by the District Manager, State Food Corporation, Vaishali, requiring him to furnish a bank guarantee of Rs. 256,26,841.01 in pursuance of the Hon'ble Apex Court order in SLP No. 1779 of 2016 dated 28.02.2016, and sought a declaration that he was not liable to furnish the bank guarantee as per the direction in S.L.P. (Crl) No. 1779 of 2016 (State of Bihar and others Vs. Devesh Kumar Choudhary) and that the Corporation's letter was bad and illegal. Without going into the merits, the Court disposed of the writ petition, directing the petitioner to file a representation before the authority within two weeks of receipt of the order, and the District Manager, BSFC, Vaishali at Hazipur to consider the representation and pass an appropriate order within two months of its filing; interlocutory application(s), if any, stood disposed of.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9508 of 2017

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Sachindra Kumar Rai S/o - Late Baiju Rai Proprietor - Rajesh Rice Mill, R/o Village - Bhagwanpur, P.S. - Vaishali, P.O. - Baluka Ram, District - Vaishali.

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... ... Petitioner/s

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Versus

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The State Of Bihar through the Principal Secretary, Food and Consumer Department, Government of Bihar, Patna

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The District Collector, District - Vaishali, Hazipur.

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The Managing Director, Bihar State Food and Civil Supply Corporation, Bihar, Patna.

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The District Manager, Bihar State Food and Civil Supply Corporation, District - Vaishali, Hazipur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Krishna Mohan Mishra For the Respondent/s : Mr. Manish Kumar, GP 4 For the BSFC : M/s Shailendra Kumar Singh, Utkarsha Utpal, Advocate

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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

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ORAL JUDGMENT Date : 15-05-2025

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The petitioners have filed the Writ

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petition for the following reliefs:

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“(i) To quash the notice vide no-1025 dated 18.03.2017 issued by the District Manager, State Food Corporation, Vaishali for furnishing of bank guarantee of Rs. 256,26,841.01 in pursuance of Hon’ble Apex Court Order in SLP No. 1779 of 2016 dated 28.02.2016.

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(ii) To hold and declare that the letter issued by the respondent

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Patna High Court CWJC No.9508 of 2017 dt.15-05-2025 2/3

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Corporation is bad and illegal in view of the fact that the petitioner is not liable to furnish bank guarantee as per the direction given by the Hon'ble Supreme Court in S.L.P. (Crl) No. 1779 of 2016 in the case of State of Bihar and others Vs. Devesh Kumar Choudhary.

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(iii) To issue any other writ/writs, order/orders, direction/ directions as your lordships deem fit and proper in the facts and circumstances of case.

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During the course of the arguments, the Learned counsel for the petitioner seeks indulgence of this Court to grant liberty to file the representation before the authority and direct the authority to pass necessary orders duly taking into account the objections filed by the petitioner.

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Without going into merits of the case, the petitioner is directed to file a representation before the authority within two weeks from the date of receipt of this order. In turn, the appropriate authority, i.e., District Manager, BSFC, Vaishali at Hazipur shall consider the

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Patna High Court CWJC No.9508 of 2017 dt.15-05-2025 3/3

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representation and pass an appropriate order within two months from the date of filing of the representation.

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