Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The court held that the petitioner must first make a representation to the District Magistrate, who shall verify the claim and, if found genuine, direct the correction of the EPOS entries and supply of the grains.
Summary
The petitioner, a food grain dealer, filed a writ petition alleging that his EPOS machine displayed excess quantities of wheat and rice that were never supplied to him, despite several representations to the authorities. He sought a mandamus directing the Sub‑Divisional Officer to delete the erroneous entries, supply the grains, and stay any punitive action pending the petition. The respondents contended that a physical verification found no discrepancy and that the petitioner had only raised the issue recently, rendering the petition meritless. The court referred to a prior Division Bench decision which required the petitioner to make a representation to the District Magistrate, who must then verify and, if justified, rectify the EPOS records. Accordingly, the court disposed of the petition by granting the petitioner liberty to file a suitable representation within four weeks, directing the District Magistrate to investigate and take corrective action within eight weeks, with an opportunity of hearing before any order.
Issues considered
- Whether the petitioner is entitled to a writ of mandamus directing correction of EPOS machine entries and supply of food grains.
- Whether the authorities must stay any punitive action against the petitioner pending the resolution of the writ petition.
- Whether the petitioner must first approach the District Magistrate for verification as per precedent before the court can intervene.
Subjects
- EPOS machine
- food grain distribution
- mandamus
- public distribution system
- administrative remedy
- writ petition
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16978 of 2025
======================================================
Santosh Kumar, Son of Shankar Yadav, Resident of Village-Sonvarsha Ward
No. 05, P.S.-Chhaurahi, District-Begusarai (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer
Protection Department, Old Secretariat, Patna.
2. The Head I.T. Cell, Food and Consumer Protection Department, Old
Secretariat, Patna.
3. The District Magistrate, District-Begusarai.
4. The District Supply Officer, District-Begusarai.
5. The Sub-Divisional Officer, Manjhaul, District-Begusarai.
6. The Assistant District Supply Officer, Manjhaul, District-Begusarai.
7. The Block Supply Officer, Chhaurahi, District-Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Gaurav, Advocate.
For the Respondent/s : Mr. Government Advocate 03.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 21-01-2026 Heard learned counsel for the parties.
2. The present Writ Petition has been filed for the
following reliefs:-
“(i) For issuance of a writ/s,
order/s direction/s in the nature of
mandamus commanding the competent
authority i.e. SDO, Manjhaul to eliminate &
blot out the wrongly and excess quantity of
food grains i.e. About 94 qtl & 87 Kg of
wheat & about 258 qts. & 87 Kg of rice has
falsely been entered & uploaded upon the
petitioner EPOS Machine No.
122200400111 which is still showing in the
machine but said food grains in question has
Patna High Court CWJC No.16978 of 2025(2) dt.21-01-2026
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neither been supplied to the petitioner nor
the petitioner has never received the same.
(ii) A mandamus commanding
further may kindly be directed to the
competent authority particularly Respondent
No. 5 to update the petitioners E-POS
Machine as per the stock received by the
petitioner and distribute the same amongst
the beneficiaries & also continue the
monthly allotment as per the consumer
tagged with the shop of the petitioner as
before.
(iii) To issue a Writ of Mandamus
or any other appropriate Writ order
directing the Respondents authorities
particularly Respondent No. 5 to stay
further any punitive course of action against
the petitioner till pendency of the present
writ application.”
3. It is the case of the petitioner that though the
petitioner has been making several representations to the
authority concerned to rectify the discrepancies of the stock
shown in the EPOS Machine, the authority till date has not
taken any steps.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has not been supplied the
stocks, however, the EPOS Machine of the petitioner is showing
excess quantity of food-grains and, therefore, the petitioner was
constrained to give representation to the authority concerned.
Learned counsel has stated that the discrepancies in the EPOS
Machine of the dealers has been noticed by the authorities and
Patna High Court CWJC No.16978 of 2025(2) dt.21-01-2026
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they have issued a Memo No. 3355 dated 28.07.2023, however,
the authority till date has not taken any steps to rectify the same.
Learned counsel, therefore, prays this Court to allow the present
writ petition and direct the respondents to rectify the quantity
shown in the EPOS Machine with that of the physical stock
present with the petitioner.
5. Per contra, in the counter-affidavit filed by the
respondents, the respondents have stated that the SDO
concerned has made a physical verification of the stock and
found that there is no discrepancies. Further, it is stated that the
excess quantity in the EPOS Machine was been shown since
November, 2020 and the petitioner has, for the first time, made a
representation only on 24.09.2024. Learned counsel, therefore,
submits that the present writ petition lacks merits and the same
may be dismissed.
6. A Division Bench of this Hon’ble Court under
similar circumstances in CWJC No. 2423 of 2022 dated
18.05.2022 has directed the petitioner to give a suitable
representation to the District Magistrate and the District
Magistrate was directed to verify the claim made by the
petitioner and rectify the EPOS Machine if it is performed to be
true.
Patna High Court CWJC No.16978 of 2025(2) dt.21-01-2026
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7. Having regard to the same, the present writ petition
is disposed of granting liberty to the petitioner to give a suitable
representation within a period of 4 weeks from today to the
District Magistrate of the concerned district, who shall have the
matter inquired and if it is found that the grievance of the
petitioner is genuine, he shall take necessary measures for
redressing his grievance i.e. either he shall be supplied the food-
grains or the endoursement of him having received such supply
would be correct.
8. The aforesaid decision shall be taken by the
concerned authority within a period of 8 weeks from the date of
the receipt of the copy of this order. It is needless to mention
that before passing any order the petitioner shall be given an
opportunity of hearing. Any order passed shall be
communicated to the party.
9. With the above directions, the present Writ Petition
stands disposed of.
(A. Abhishek Reddy, J)
shakir/-
U
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