IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4501 of 2025 ====================================================== Akhlaque Ahmad S/o Rafi Ahmad, R/o Ward No. 4, Village and P.O.- Ratanpura, Ward No. 4, P.S.-Moro, Block-Hanumannagar, District- Darbhanga. ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Food and Civil Supplies Department, Government of Bihar, New Secretariat, Patna. 2. The District Transport Committee through the District Magistrate, Madhubani. 3. The District Magistrate, Madhubani. 4. The Sub-Divisional Officer, Madhubani Sadar. 5. The District Programme Officer, P.M. Poshal Scheme, Madhubani. 6. The Block Supply Officer, Kaluahi, Madhubani. 7. The Block Education Officer, Kaluahi, Madhubani. 8. The Officer In-charge Kaluahi Police Station, Madhubani. 9. Bihar State Food and Civil Supplies Corporation Ltd., Khadya Bhawan, Daroga Rai Path, Patna, through its Managing Director. 10. The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd., Khadya Bhawan, Daroga Rai Path, Patna. 11. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Madhubani. 12. The Assistant Godown Manager, Bihar State Food and Civil Supplies Corporation Ltd., Khajauli, Madhubani. 13. Sh. Arvind Kumar Gupta, S/o not known, Door Step deliviery Agent-cum transporter, Bihar State Food and Civil Supplies Corporation Ltd., Madhubani. 14. Sh. Nitish Kumar Singh, S/o not known, Door Step deliviery Agent-cum transporter, Bihar State Food and Civil Supplies Corporation Ltd., Madhubani. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Ms. Archana Jha, Adv. : Ms. Anamika Kumari, Adv. For BSFC : Mr. Shailendra Kumar Singh, Adv. : Mr. Utkarsh Utpal, Adv. : Mrs. Shilpi Singh, Adv. : Mr. Aayush, Adv. For the Respondent/s : Mr. Standing Counsel (4) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL JUDGMENT Patna High Court CWJC No.4501 of 2025 dt.09-05-2025 2/7 Date : 09-05-2025 Heard the learned counsel for the parties. The present writ petition has been filed for the following relief(s):- “(I) For quashing the illegal and arbitrary order contained in Memo No. 508 dated 01.03.2025 issued by the District Manager, Bihar State Food and Civil Supplies Corporation (BSFC), Madhubani, whereby and whereunder the petitioner, a Door-Step Delivery Agent (DSD) cum Transporter has been arbitrarily debarred from transportation of food grains and the same has been reassigned to other transporters namely respondent no. 13 and 11 without affording an opportunity of hearing to the petitioner. (II) For issuance of a writ of mandamus directing the respondents to allow the petitioner to do the transportation of food grains for the Agreement period. (III) For any other relief / reliefs for which petitioners are found entitled in the facts and circumstances of the case.” 3. It is the case of the petitioner that he has entered into an agreement with the respondent-BSFC for the purpose of door step delivery agent-cum-transporter vide agreement dated 12.07.2018 initially for a period of three years and, thereafter, the petitioner has been continued as a transporter. That on 24.02.2025, the petitioner had lifted the grains from the BSFC godown at Khajauli on his vehicle bearing Reg. No. BR-06-GB-8178 for transportation and delivery of the grains to the three schools Patna High Court CWJC No.4501 of 2025 dt.09-05-2025 3/7 namely i. Utkramit Madhya School, Malmal West ii. Utkramit Madhya Vidyalaya-Pursaulia, North iii. Madhya Vidyalaya Kalikapur. However, the authorities at the respective schools did not take the entire quantity of the grains earmarked for them and gave a reason in the receipts for not taking the entire stock. That the local representative of the village seized the vehicle with the left out food grains in the course of unloading the grains at the third school at Utkramit Madhya School, Malmal, West and informed the Police. That based on the complaint made by the local representative, an FIR was lodged against the petitioner. Though the petitioner has informed the Assistant Godown Manager and the District Manager BSFC about the above incident, nothing was done. Thereafter, basing on the report of the Block Supply Officer, the authorities seems to have taken a decision to initiate action on the petitioner and the impugned order has been passed by the respondents stopping the petitioner from transporting the food grains. 4. Learned counsel appearing on behalf of the petitioner has stated that for no fault of the petitioner, the petitioner has been stopped from transporting the grains. Though the petitioner has submitted a detailed explanation to the show cause notice issued to the authorities, the same has not been taken into consideration and Patna High Court CWJC No.4501 of 2025 dt.09-05-2025 4/7 the impugned order is passed stopping the petitioner from transporting the grains. Learned counsel has stated that mere lodging of an FIR cannot be a basis for stopping the contract of the petitioner. Further, it is stated by the learned counsel that there is no allegation of any misappropriation or that the grains were missing from the truck or that the petitioner has deviated the route allotted to him. 5. In the counter-affidavit filed by the respondents, the above facts have not been denied. However, it is stated by the counsel for the respondent-BSFC that after a complaint was received against the petitioner, the authorities duly taking into consideration the fact that an FIR has been filed against the petitioner and the Block Supply Officer had submitted the enquiry report on 24.02.2025 to the Sub-Divisional Officer, Sadar Madhubani wherein, it is stated that though the petitioner has lifted the grains, he has not delivered 100% food grains therefore, the necessary action needs to be taken against the petitioner. That only after show cause notice was issued to the petitioner for terminating the agreement, seize the bank guarantee and black list the petitioner, the reply filed by the petitioner was taken into consideration by the authorities and necessary orders were passed. Patna High Court CWJC No.4501 of 2025 dt.09-05-2025 5/7 Learned counsel has therefore, prayed this Hon’ble Court to dismiss the present writ petition. 6. A perusal of the documents filed by the petitioner reveal that the petitioner has been entrusted with the work of transporting the food grains from the godown to the concerned schools and on 24.02.2025, the petitioner was handed/ loaded with the following food grains. (Para 3 of the CA); “i. Utkramit Madhya School, Malmal West-17 quintals ii. Utkramit Madhya Vidyalaya- Pursaulia, North- 21.50 quintals iii. Madhya Vidyalaya Kalikapur- 27 quintals” 7. Thereafter, the petitioner could not unload the entire food grains to the concerned schools i.e., i. Utkramit Madhya School, Malimal West ii. Utkramit Madhya Vidyalaya-Pursaulia, North iii. Madhya Vidyalaya Kalikapur as the principals of the respective schools were not willing to take delivery of the entire food grains allotted to the respective schools. 8. Admittedly, in this case, the petitioner has submitted letters from the concerned principals of the school stating that insofar as Utkramit Madhya School, Malimal West East is concerned, out of 17 quintals which were lifted by the petitioner, the authority has only taken 10 quintals, that insofar as the Utkramit Madhya Vidyalaya-Pursaulia, North is concerned, out of 21.50 quintals only 16.5 quintals have been taken and finally Patna High Court CWJC No.4501 of 2025 dt.09-05-2025 6/7 insofar as Madhya Vidyalaya Kalikapur. is concerned, out of the 27 quintals allotted only 5 quintals was taken. That even before the petitioner could unload the balance food grains at the third school i.e., Utkramit Madhya School, Malimal West, some local representative had made complaint to the Police, the Police without verification of the stock has registered an FIR based on the complaint of the local representative. Irrespective of the enquiry to be conducted by the Police, it is to be noted that there is no allegation that the petitioner has black-marketed the grains which were lifted by him or that he has diverted the food grains or that he has deviated from the route. A perusal of the letters issued by the respective principals of the schools show that only part quantity of the loaded grains were taken by them and the balance available grains were still in the truck. Therefore, the issuance of the show cause notice as well as the passing of the impugned order is without any basis and on the basis of summarizes and conjunctures. When there is no allegation of any black marketing, diversion of the food grains, deviation of the route entrusted to the petitioner, the authorities ought not have passed the impugned order. The least that was expected by the authorities was to enquire as to whether the balance food grains after delivery were intact or not. Further, it is to be noted that the petitioner cannot be blamed if Patna High Court CWJC No.4501 of 2025 dt.09-05-2025 7/7 the concerned principals of the school does not take the full quantity of the grains earmarked for the schools on the ground that the sufficient stocks were available with the schools. 9. Having regard to the above mentioned facts and circumstances, the impugned order 01.03.2025 is set aside. The authorities are directed to permit the petitioner to resume the transportation of the goods. 10. With the above direction, the present writ petition stands allowed to the extent indicated. Ayush/- (A. Abhishek Reddy, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 14.05.2025. Transmission Date NA