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Patna High Court

Chand Tara Rice MillversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioners are permitted to withdraw the writ petition and file a representation within 14 weeks; the petition is disposed.

Summary

A group of rice mill proprietors filed a writ petition in the Patna High Court challenging certain actions of the State of Bihar and its agencies. The petitioners sought permission to withdraw the writ petition and instead file a representation or application before the concerned authority to ventilate their grievances. The Court considered whether it could allow such a withdrawal and direct the filing of a representation within a specified time. It held that the petitioners could be granted liberty to withdraw the writ and file an appropriate application within fourteen weeks. Accordingly, the writ petition was disposed of, with the direction that the authority consider any subsequent representation on its merits.

Issues considered

  • Whether the petitioners may be permitted to withdraw the writ petition and file a representation before the concerned authority

Subjects

  • writ petition
  • withdrawal of petition
  • representation
  • civil writ jurisdiction
  • administrative law
  • Bihar State Food and Civil Supplies Corporation

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6020 of 2024
     ======================================================
1.    Chand Tara Rice Mill Mirzapur, P.O. Bhanghi, Narpatganj, Araria
      represented through its Proprietor, Dhananjay Yadav Gender Male aged
      about 42 years Son of Ramdev Yadav, resident of Mirzapur, Ward No. 2,
      Bathnaha, Bhanghi, Police Station Bathnaha, District Araria.
2.   Bishwas Rice Mill, Majgama, P.O. Gaiyari, Araria, represented through its
     proprietor Ranjeet Kumar, Gender Male aged about 39 years Son of
     Bhuwneshwar Prasad Bishwas, resident of Ward No. 3, Majgama Mandal
     Tola, Belwa, Araria.
3.   Maa Tara Traders, at Badheparia, Block Narpatganj, District Araria,
     represented through its proprietor, Amit Kumar Yadav, Gender Male aged
     about 37 years Son of Pradeep Yadav, resident of Ward No. 2, Post
     Panjarkatta, Barhepara, District Araria.
4.   Jay Krishna Rice Mill, At Diyari, P.O. Rampur, Koderkatti, Araria
     represented through its Proprietor Sunil Kumar Yadav, Gender Male aged
     about 53 years Son of Satyanarayan Yadav, resident of Diayari Ward No. 11,
     Rampur, Koderkatti, Araria.
5.   Sangam Rice Mill, at Bistoria, Raniganj, Araria represented through its
     proprietor Aftab Alam, Gender Male aged about 37 years Son of Anjum
     Alam, resident of Mirjapur Kothi, Mirjapur, Ward No. 10, Simraha, District
     Araria.
6.   Simanchal Rice Mill, at Hasanpur, P.O. Meriganj, P.S. Raniganj, District
     Araria, represented through its proprietor Pintu Kumar, Gender male, aged
     about 40 years Son of Umesh Prasad Yadav, resident of Ward No. 7, Amari
     Kukron, Kukron Purab Dhamdaha, Kukraun, District Purnea.
7.   Radha Krishna Rice Mill Ward No. 8, Om Nagar, Raniganj, Road, District
     Araria represented through its proprietor Ranjeet Kumar, Gender Male aged
     about 45 years Son of Mahendra Nath Jha, resident of Belbari Ward No. 12,
     Belbari, District Araria.
8.   Vijay Rice Mill, At Batraha, P.O. Kursakanta, District Araria, represented
     through its proprietor, Rashmi Kumari, Gender Female aged about 27 years
     Wife of Mohan Kumar resident of Batraha, Ward No. 9, Kuari Kursakanta,
     P.S. Kursakanta, District Araria.
9.   Khushboo Trade Concern and Rice Mill, Ajmatpur, Basantpur, Araria,
     represented through its proprietor, Md. Naseem, Gender Male, aged about
     48 years Son of Habiburrahman, resident of Ajmatpur, Basantpur, Bairgachi,
     P.S. Bairgachi, District Araria.
10. Asha Rice Mill, Kursel, Ward No. 13, Balua, Chakai, Jokihat, Araria
    represented through its proprietor, Md. Mushfiqu, Gender Male, aged about
    31 years Son of Md. Qutub, resident of Ward No. 7, Gram Manikpur, Tola
    Laxmipur, Panchayat Basantpur, Post Office Araria Bairgachi, P.S.
    Bairgachi, District Araria.

                                                              ... ... Petitioner/s
                                      Versus
         Patna High Court CWJC No.6020 of 2024(7) dt.31-01-2026
                                                     2/3




           1.    The State of Bihar represented through the Chief Secretary, Government of
                 Bihar, Patna.
           2.    The Principal Secretary, Food and Consumer Protection Department,
                 Government of Bihar, Patna.
           3.    The Principal Secretary, Co-operative Department, Government of Bihar,
                 Secretariat, Patna.
           4.    The Managing Director, Bihar State Food and Civil Supplies Corporation,
                 Government of Bihar, Secretariat, Patna.
           5.    The District Magistrate, Araria.
           6.    The District Manager of State Food Corporation, Araria District- Araria.
           7.    The District Cooperative Officer, Araria District- Araria.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Siddhi Aashana, Adv.
                 For BSFC                :        Mr. Shailendra Kumar Singh, Adv.
                                         :        Mr. Utkarsh Utpal, Adv.
                 For the Respondent/s    :        Mr. Standing Counsel 4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

7   31-01-2026                   Learned counsel appearing on behalf of the

                   petitioners seeks permission to withdraw the present writ

                   petition with the liberty to file a suitable representation/

                   application before the authority concerned ventilating their

                   grievances.

                                 2. Having regard to the same, the present writ

                   petition is disposed of granting liberty to the petitioners to

                   file an appropriate application/ representation before the

                   authority concerned within a period of 14 weeks from

                   today. On such representation/ application being given, the

                   authority shall consider on its merit and pass necessary
          Patna High Court CWJC No.6020 of 2024(7) dt.31-01-2026
                                                      3/3




                    orders.

                                3.     With the above direction, the present writ

                    petition stands disposed of.



                                            (A. Abhishek Reddy, J)
Ayush/-

U


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