IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18028 of 2022

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1.

M/s Durga Bhawani Rice Mill through its proprietor Rajesh Kumar Singh,

aged about 48 years, (male), Son of Ramvriksh Singh, Resident of Naya

Tola, Binji, Semapur, Factory, P.S. Balrampur District Katihar, Bihar.

2.

M/s Ambe Raw Rice Mill, through its proprietor Pankaj Kumar, aged about

40 years (male), son of Ram Sagar Prasad, Resident of Bairagi Tola, P.S.

Balrampur, District- Katihar, Bihar.

3.

M/s Shanti Rice Mill, through its proprietor Mausami Kumari, aged about

36 years (female) wife of Ashish Kumar Singh, Resident of Hosana, Sonali,

P.S. Kadwa, District - Katihar, Bihar.

4.

M/s K.G.N Raw Rice Mill, through its proprietor Md. Marghoob Alam, aged

about 40 years (male), son of Late Adbul Mannan, Resident of Parhezi,

Azamnagar, P.S. Azamnagar, District - Katihar, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Food and Consumer Protection

Department, Government of Bihar, Old Secretariat, Patna 800015.

2.

The Secretary, Food and Consumer Protection Department, Government of

Bihar, Old Secretariat, Patna 800015.

3.

The Bihar State Food and Civil Supplies Corporation Limited, through its

Managing Director, Khadya Bhawan, Daroga Prasad Rai Path, R-Block,

Road No. 2, Patna - 800001.

4.

The Managing Director, Bihar State Food and Civil Supplies Corporation

Limited, Khadya Bhawan, Daroga Prasad Rai Path, R-Block, Road No. 2,

Patna - 800001.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Suraj Samdarshi, Advocate

For the State

:

Mr. Arvind Ujjwal, SC 5

For the BSFC

:

Mr. Shailendra Kumar, Advocate

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 30-01-2023

Petitioner has prayed for the following relief(s) :-

“a) To issue an appropriate writ, order or

direction in the nature of mandamus commanding the

Patna High Court CWJC No.18028 of 2022 dt.30-01-2023

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Respondents to allow the Petitioners to participate in

Khariff Marketing Season 2022- 2023 and to ensure

that petitioners are supplied paddy procured by the

Primary Agriculture Centres for milling the same into

Raw Rice (Arwa).

b) This Hon'ble Court may adjudicate and hold that

exclusion of Raw Rice (Arwa) Rice millers from

milling of paddy procured during Khariff Marketing

Season 2022-2023, is completely unjustified.

c) This Hon'ble Court may further adjudicate and hold

that fixation of procurement target of Raw Rice (Arwa)

in Katihar as zero, is highly arbitrary and unreasonable

in nature.

d) This Hon'ble Court may further adjudicate and hold

that the Respondents cannot resile from the assurances

given in resolution contained in memo no, 4618 dated

13.10.2022 and guidelines contained in memo no. 8922

dated 28.10.2022 and change the rules of game after

the same has been set in motion.

e) This Hon'ble Court may adjudicate and hold that in

light resolution contained in memo no. 4618 dated

13.10.2022 and guidelines contained in memo no. 8922

dated 28.10.2022 the Petitioners have a legitimate

expectation of participating in Khariff Marketing

Season 2022 2023 for milling of Rice.

f) This Hon'ble Court may further adjudicate and hold

that considering the fact that there was only one Par

boiled (usna) Rice mill in the district of Katihar, the

Respondent should not have entrusted the entire

quantity of paddy procured in the district upon the said

mill for milling.

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g) This Hon'ble Court may further adjudicate and hold

that the intent of state government as decipherable from

resolution contained in memo no. 4618 dated

13.10.2022 and guidelines contained in memo n