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IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.549 of 2025

In

Civil Writ Jurisdiction Case No.696 of 2023

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Manjaura Primary Agriculture Credit Society, Udakishunganj, District-

Madhepura through it is Chairman Abda Tabassum, Female aged 33 Years

Wife of Arsad Ansari, Resident of Manjaura P.S.-Bihariganj, District-

Madhepura.

... ... Appellant/s

Versus

1. The State of Bihar through Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, Department of Food and Civil Supplies,

Government of Bihar, Patna.

3. The Principal Secretary, Cooperative Department, Government of Bihar,

Patna.

4. The District Magistrate, Madhepura.

5. The Cooperative Extension Officer cum Enforcement Officer, Madhepura.

6. The Block Development Officer, Udakishunganj Block, Madhubani.

7. The Managing Director, Bihar State Food and Civil Supplies Corporation,

Patna.

8. The District Manager, Bihar State Food and Civil Supplies Corporation,

Madhepura.

... ... Respondent/s

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Appearance :

For the Appellant/s : Mr. Shashi Bhushan Kumar, Advocate

For the State : Mr. Arvind Ujjwal, SC-4

For the B.S.F.C. : Mr. Niraj Kumar, Advocate

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE BIBEK CHAUDHURI

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 28-01-2026

This Letters Patent Appeal has been filed by the

appellant Manjaura Primary Agriculture Credit Society

challenging the order dated 17.02.2025 passed by the learned

Single Judge in C.W.J.C. No.696 of 2023, wherein the learned

Patna High Court L.P.A No.549 of 2025 dt.28-01-2026

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Single Judge has been pleased to dismiss the writ petition.

The writ petition was filed with the following prayer:-

“(i) For issuance of writ of mandamus

commanding upon the respondents to enter

into the agreement with the petitioner for

the milling of the paddy & other works for

the current & onwards Kharif Session as

they are entering into the agreement with

the other PACS they are not taking work

from this petitioner (PACS) on the issue on

which this Hon'ble Court has decided that

for the fault of the respondents Bihar State

Food & Civil Corporation the food grains

were not lifted from the godown of the

petitioner.

(ii) For issuance of writ of mandamus

commanding upon the respondents to lift

the balance quantity of CMR which has

been alleged not been supplied to the

corporation (in whatever condition it is) as

the District Magistrate after enquiry has

found the same CMR in the godown of the

petitioner at the relevant point of time.

ⅲ

( ) For the declaration that petitioner is not a

defaulter as due to latches of the BSFC the

remaining quantity of the CMR was not

lifted from the godown of the petitioner.

(iv) For direction upon the respondents to pay

milling & transportation charge of the

paddy and also the rent of the godown

against which due to latches of the BSFC

the proportionate quantity of the CMR was

not lifted from the godown of the petitioner

and District Magistrate after enquiry found

same CMR was present in the godown of

the petitioner at the relevant point of time.

(v) For the direction to the BSFC to pay heavy

Patna High Court L.P.A No.549 of 2025 dt.28-01-2026

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cost (compensation) to the petitioner as

due to non action of the respondent

corporation, the petitioner is being

harassed for the default of the respondent

corporation itself.

(vi) For the direction to the Government to take

appropriate action including Department

proceeding against the erring authority

who had not lifted the CMR for Kharif

session 2017-18 from the mill/godown of

petitioner only due to non fulfilling of the

illegal demand by the petitioner.

(vi) For the other reliefs in the facts &

circumstances of the case.

i. For issuance of the writ of mandamus

commanding the respondent to enter into

the agreement with the petitioner PACS of

the KMS 2024-25 and onwards for the

procurement of paddy and milling work