IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9822 of 2017 ====================================================== 1. Sidhasram Rice Mill Cluster Private Limited Mohalla Azari, P.S. New Police Line, P.S. Buxar, District Buxar through Arun Kumar Mishra, S/o- Srikant Mishra, R/o- Mohalla, P.O. and P.S.- Baxar, District- Baxur. 2. Arun Kumar Mishra, S/o- Srikant Mishra, R/o- Mohalla, P.O. and P.S.- Baxar, District- Baxur. ... ... Petitioner/s Versus 1. The State Of Bihar through the Principal Secretary, Food and Consumer Department, Government of Bihar, Patna 2. The District Collector, District- Baxur. 3. The Managing Director, Bihar State Food and Civil Supply Corporation, Patna. 4. The District Manager, Bihar State Food and Civil Supply Corporation, Baxur. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Mohan Mishra, Advocate For the Respondent/s : Mr. Manoj Kumar, AC to GP 4 For the BSFC : M/s Shailendra Kumar Singh, Utkarsha Utpal, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 15-05-2025 1. The petitioners have filed the Writ petition for the following reliefs: “(i) To quash the notice vide no-422 dated 20.03.2017 issued by the District Manager, State Food Corporation, Patna for furnishing of bank guarantee in pursuance of Hon’ble Apex Court Order in SLP No. 1779 of 2016 dated 28.02.2016. Patna High Court CWJC No.9822 of 2017 dt.15-05-2025 2/3 (ii) To hold and declare that the letter issued by the respondent Corporation is bad and illegal in view of the fact that the petitioner is not liable to furnish bank guarantee as per the direction given by the Hon'ble Supreme Court in S.L.P. (Crl) No. 1779 of 2016 in the case of State of Bihar and others Vs. Devesh Kumar Choudhary and others because the fact in the case is different. (iii) To issue any other writ/writs, order/orders, direction/ directions as your lordships deem fit and proper in the facts and circumstances of case. 2. During the course of the arguments, the Learned counsel for the petitioners seeks indulgence of this Court to grant liberty to file the representation before the authority and direct the authority to pass necessary orders duly taking into account the objections filed by the petitioner. 3. Without going into merits of the case, the petitioners are directed to file a representation before the authority within two weeks from the date of receipt of this order. In turn, the Patna High Court CWJC No.9822 of 2017 dt.15-05-2025 3/3 appropriate authority, i.e., District Manager, BSFC, Buxar shall consider the representation and pass an appropriate order within two months from the date of filing of the representation. 4. With the aforesaid observations, the Writ petition is disposed of. 5. Interlocutory Application(s), if any, shall stand disposed of. Spd/- (G. Anupama Chakravarthy, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 15.05.2025 Transmission Date