Anand Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16929 of 2019

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Anand Kumar Son of Late Ramanand Prasad, resident of Village- Malavan, P.S.- Hilsa, District- Nalanda at present Chairman Yogipur Panchayat PACS Hilsa, District- Nalanda.

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... ... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary, Food and Civil Supplies Department Ltd., Government of Bihar, Patna.

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The Chief Secretary, Food and Civil Supplies Corporation Ltd., Govt. of Bihar, New Secretariat, Patna.

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The District Magistrate-cum-Collector, Nalanda, Biharsharif.

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

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The District Assistant Manager, State Food and Civil Supplies Corporation Ltd, Nalanda, Biharsharif.

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The Central Co-operative Bank Ltd., Nalanda at Biharsharif.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Choudhary For the State : Mr. Arvind Ujjwal, SC4 For the BSFC : M/s Shailendra Kumar Singh, Utkarsha Utpal, Advocates For the Central : Mr. Bindyachal Rai, Advocate Co-operative Bank :

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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

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ORAL JUDGMENT Date : 01-07-2026

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The petitioner has filed the present

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application for the following relief:

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“(I) To issue a writ/writs certiorari in nature setting aside the order dated 22-10-18 as contain letter no. 1161 under signature of District Manager Sate Food Corporation Nalanda at Bihar Sharif

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by which Payment the cost of CMR Supplied to him by the petitioner through being Chairman of Yogipur Panchayat FAX has been withheld with Direction that in course of investigation of Hilsa P.S. case no. 68/2018 and Hilsa P.S. case no. 65/18 if there exonerated from the charge then payment would be made per direction of District Manager Nalanda.

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(i) To issue the writ/writs mandamus in nature directing the respondents authority to make payment of the dues amount for the supply of costume Rice Mill tune now Rs.3052801.96 only in favour of the petitioner with compound interest at the rate of 11% per annum

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(ii) To any other relief/reliefs for which petitioner is entitle for.”

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At the outset, the Learned counsel for the petitioner contended that since this matter is squarely covered under the order dated 01.12.2023 passed in CWJC No. 14138 of 2015 (Amrendra Kumar Vs. The State of Bihar & Ors.), this writ petition may also be disposed of on

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the same terms and conditions.

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The Learned counsel appearing for

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the Respondent Bihar State Food and Civil Supplies Corporation does not raise any objection.

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Heard the parties.

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In view of the fact that this matter is

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squarely covered by the aforesaid order, without going into the merits of the case, the petitioner is directed to make representation before the Respondent No. 4, the District Manager, State Food and Civil Supplies Corporation Limited District Nalanda at Biharsharif for referring the matter to the Committee for ventilating their grievance along with the supporting documents within a period of four weeks from the date of the receipt of the copy of this order. On such representation being made, the Respondent No. 4 shall consider the said representation and pass necessary orders duly taking into consideration the representation along with the supporting documents filed by the petitioner. In case, the Respondent No. 4 is of the view that the order

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dated 06.08.2018 passed by a Division Bench of this Court in LPA No. 881 of 2016 (The Bihar State Food and Civil Supplies Corporation Ltd. Government of Bihar, Patna Versus Nayan Kumar Sinha son of Rajballav Singh), wherein this Hon’ble Court has directed the constitution of a Committee consisting of the District Magistrate, the Enforcement Officer of the concerned Block and one Senior Officer of the BSFC to be nominated by the Managing Director has to be followed to look into the entire controversy and submit a report he shall do so. In case, the report of the Committee is in favour of the petitioner, the Respondent No. 4 shall pass necessary orders for payment of the amounts due to the petitioner. Any order passed by the Respondent No. 4 shall be communicated to the party.

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