Patna High Court
Rajendra DubeyversusThe Bihar State Food and Civil Supplies Corporation Ltd.
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The writ petition is disposed of, with the petitioner permitted to pursue his pending appeal before the Managing Director of BSFSC, which must be decided on its merits within four weeks.
Summary
The petitioner, Rajendra Dubey, stored food grains that were later inspected by the Bihar State Food and Civil Supplies Corporation (BSFSC) and found to be decayed and insect‑infested, rendering them unfit for consumption. The inspection report dated 14‑04‑2026 was annexed as a supplementary counter‑affidavit, which the petitioner did not dispute. The High Court considered the report and concluded that the writ petition seeking relief could not be entertained in view of the factual findings. Consequently, the court disposed of the writ petition while allowing the petitioner to continue his pending appeal before the Managing Director of BSFSC, directing that the appeal be decided on its merits within four weeks. The court also ordered that the petitioner be given a hearing before any further orders and that any other grievances may be pursued through appropriate legal remedies. The related miscellaneous case (MJC No. 3421 of 2025) was closed as the writ petition was disposed.
Issues considered
- What relief, if any, is available to the petitioner given the inspection report that the stored food grains are decayed and unfit for consumption?
- Whether the writ petition should be dismissed on the basis of the factual findings in the inspection report?
- Whether the petitioner may continue his appeal before the Managing Director of BSFSC and what procedural directions are appropriate?
Subjects
- food grain quality
- public distribution system
- inspection report
- writ petition
- appeal
- administrative law
- decayed grains
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3259 of 2025
======================================================
Rajendra Dubey, Son of Late Paltan Dubey, Resident of Village- Sakra Wazid,
P.O.-Dholi, P.S.-Sakra, District-Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar Food and Civil Supplies Corporato Ltd. through its
Managing Director.
2. The Managing Director, Bihar State Food and Civil Supplies Corporation
Ltd.
3. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd.,
Muzaffarpur.
4. The General Manager, (Public Distribution), Bihar State Food and Civil
Supplies Corporation Ltd. Patna Bihar.
... ... Respondent/s
======================================================
with
Miscellaneous Jurisdiction Case No. 3242 of 2025
In
Civil Writ Jurisdiction Case No.3259 of 2025
======================================================
1. The Bihar State Food and Civil Supplies Corporation Ltd. through its
Managing Director Bihar.
2. The Managing Director, Bihar State Food and Civil Supplies Corporation
Ltd.
3. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd.
Muzaffarpur.
4. The General Manager, (Public Distribution), Bihar State Food and Civil
Supplies Corporation Ltd. Patna Bihar.
... ... Petitioner/s
Versus
Rajendra Dubey, Son of Late Paltan Dubey, Resident of Village Sakra Wazid,
P.O. Dholi, P.S. Sakra, District Muzaffarpur.
... ... Opposite Party/s
======================================================
with
Miscellaneous Jurisdiction Case No. 3421 of 2025
In
Civil Writ Jurisdiction Case No.3259 of 2025
======================================================
Rajendra Dubey, Son of Late Paltan Dubey, Resident of Village- Sakra Wazid,
P.O.- Dholi, P.S.- Sakra, District- Muzaffarpur.
... ... Petitioner/s
Patna High Court CWJC No.3259 of 2025(16) dt.07-05-2026
2/3
Versus
1. The Bihar State Food and Civil Supplies Corporation Ltd. through its
Managing Director.
2. Pankaj Kumar, The Managing Director, Bihar State Food and Civil Supplies
Corporation Limited.
3. Uday Narayan Prasad, The District Manager, Bihar State Food and Civil
Supplies Corporation Limited, Muzaffarpur.
4. Raman Kumar Sinha, The General Manager, (Public Distribution), Bihar
State Food and Civil Supplies Corporation Limited, Patna Bihar.
... ... Opposite Party/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 3259 of 2025)
For the Petitioner/s : Mr. Saket Tiwary, Advocate.
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate.
(In Miscellaneous Jurisdiction Case No. 3242 of 2025)
For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate.
For the Opposite Party/s : Mr. Saket Tiwary
(In Miscellaneous Jurisdiction Case No. 3421 of 2025)
For the Petitioner/s : Mr. Saket Tiwary, Advocate.
For the Opposite Party/s : Mr. Shailendra Kumar Singh, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
16 07-05-2026 Pursuant to the order dated 01.09.2025 passed by this
Court, Respondent-BSFC has inspected the food-grains which
were in custody of the petitioner and field a supplementary
counter-affidavit annexing the enquiry report dated 14.04.2026
(Annexure-B).
2. A perusal of the report shows that the food-grains
stored by the petitioner have decayed and infested with insects
and, therefore, are not consumable.
3. Learned counsel appearing on behalf of the
Patna High Court CWJC No.3259 of 2025(16) dt.07-05-2026
3/3
petitioner does not dispute the report.
4. Having regard to the same, the present writ petition
is disposed of leaving it open to the petitioner to pursue his
appeal pending before the MD, BSFC. The authority is directed
to disposed of the said appeal on its own merits in accordance
with law as expeditiously as possible preferable within a period
of 4 weeks form the date of the receipt of the copy of this order.
It is needless to observe that the before passing any orders the
petitioner shall be granted an opportunity of hearing. Any orders
passed shall be communicated to the party.
5. In case, the petitioner has any other grievance, he is
free to pursue his remedies as available to him under the law.
6. With the above directions, the present Writ Petition
stands disposed of.
7. Having regard to the fact that the CWJC No. 3259
of 2025 is disposed of, the MJC No. 3421 of 2025 is closed.
(A. Abhishek Reddy, J)
shakir/-
U
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