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Patna High Court

M/s. Bharat Traders Rice MillversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the Managing Director of the Bihar State Food and Civil Supplies Corporation is the proper authority to consider the grievance and allowed the petitioner to file a fresh representation.

Summary

M/s. Bharat Traders Rice Mill filed a writ petition alleging that its representation dated 29‑12‑2015 to the District Manager of the Bihar State Food and Civil Supplies Corporation remained unconsidered. The petitioner sought a court order directing the District Manager to act within a time‑frame. The respondents contended that the Managing Director, not the District Manager, is the competent authority and that the original representation may no longer be on record. The court, without examining merits, disposed of the petition at the admission stage, granting the petitioner liberty to file a fresh representation before the Managing Director within four weeks and directing the Managing Director to decide it within eight weeks. The petition was thus disposed with directions for fresh administrative action.

Issues considered

  • Whether the District Manager is the competent authority to consider the petitioner’s representation under the Food and Civil Supplies regulations.
  • Whether the court can direct the administrative authority to consider a representation filed in 2015.

Subjects

  • writ petition
  • representation
  • administrative law
  • Food and Civil Supplies
  • jurisdiction
  • direction
  • disposal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.16341 of 2025
                 ======================================================
                 M/s. Bharat Traders Rice Mill Through its Proprietor, Surendra Kumar, aged
                 about 46 years, male, Son of Late Parmeshwar Shah, Resident of Mohalla-
                 Betwan Bazar, Argara Road, Police Station - Kasim Bazar, District- Munger.

                                                                        ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Principal Secretary, Department of Food and
                 Civil Supplies, Government of Bihar, Patna.
           2.    The Principal Secretary, Department of Food and Civil Supplies, Govt. of
                 Bihar, Patna.
           3.    The Bihar State Food and Civil Supplies Corporation through its Managing
                 Director, Patna.
           4.    The Managing Director, Bihar State Food and Civil Supplies Corporation,
                 Patna.
           5.    The District Manager, Bihar State Food and Civil Supplies Corporation,
                 Munger.
           6.    The General Manager (Finance), Bihar State Food and Civil Supplies
                 Corporation, Patna.
           7.    The Deputy General Manager, Bihar State Food and Civil Supplies
                 Corporation, Patna.
           8.    The Audit Officer, Bihar State Food and Civil Supplies Corporation, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Surya Narayan Sah, Adv.
                 For the Respondent/s   :     Mr. Government Pleader (24)
                 For the State          :     Mr. Sarvesh Kumar, Adv.
                 For the BSFC           :     Mr. Shailendra Kr. Singh, Adv.
                                              Mr. Utkarsha Utpal, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   20-01-2026                  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 counsels.

                               2. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner has given a representation
Patna High Court CWJC No.16341 of 2025(2) dt.20-01-2026
                                           2/3




          to the competent authority i.e. the District Manager (Respondent

          No. 5 herein) dated 29.12.2015 (Annexure- P/3) but the

          authority till date have not taken any steps to consider the same.

          Learned counsel, therefore, prayed this Hon’ble Court to direct

          the Respondent No. 5 to consider the same by fixing a time

          frame.

                      3. Per contra, the learned counsel appearing on behalf

          of the respondent (BSFC) submits that the competent authority

          for taking a decision is the Managing Director i.e. the

          Respondent No. 4 herein and not the District Manager. Further,

          learned counsel has stated that the petitioner’s representation

          has been given in the year 2015 and it is unlikely that the same

          is available in the office of the Respondent No. 5. Learned

          counsel submits in case the petitioner is so desirous, he can file

          a representation before the Respondent No. 4 i.e. the Managing

          Director and the same shall be considered in accordance with

          law.

                      4. Having regard to the above, the present writ

          petition is disposed of granting liberty to the petitioner to give a

          fresh representation ventilating his grievance before the

          Managing Director (Bihar State Food and Civil Supplies

          Corporation) within a period of four weeks from today. On such
             Patna High Court CWJC No.16341 of 2025(2) dt.20-01-2026
                                                        3/3




                       representation being given, the Respondent No. 4 shall consider

                       the same strictly in accordance with law and pass necessary

                       orders. The authority shall endeavour to dispose of the said

                       representation as expeditiously as possible preferably within a

                       period of eight weeks from the date of receipt of the copy of the

                       representation given by the petitioner. Any order passed shall be

                       communicated to the party.

                                   5. With the above directions, the present writ petition

                       stands disposed of.



                                              (A. Abhishek Reddy , J)
Gauravkr/-

U


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