Patna High Court
Mithilesh Kumar Singh @ Mithlesh Kumar ... vs The State Of Bihar on 11 October, 2022
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh, Shailendra Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8807 of 2022
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1. Mithilesh Kumar Yadav, Son of Bhola Prasad Yadav, Resident of Village-
Banauli, P.O.- Rajadih, P.S.- Gangta, Block- Haweli Kharagpur, District-
Munger, Bihar.
2. Ashutosh Kumar, Son of Late Chakradhar Prasad Yadav, Resident of
Village- Sandalpur, P.O.- Munger, P.S.- Kasim Bazar, District- Munger,
Bihar- 811201.
3. Akhsay Anand, Son of Deepak Kumar, Resident of Village- Bari Keshopur,
Behind of Anand Marg, P.O. and P.S.- Jamalpur, District- Munger, Bihar-
811214.
4. Nilam Devi Wife of Ghanshyam Kumar, Resident of Village- Adampur,
P.O.- Safiabad, P.S.- Naya Ram Nagar, District- Munger, Bihar- 811214.
5. Deepak Kumar, Son of Late Vijay Kumar Nayak, Resident of Village- Bari
Keshopur, Behind of Anand Marg, P.O. and P.S.- Jamalpur, District- Munger,
Bihar- 811214.
6. Ashish Kumar Ojha, Son of Devendra Ojha, Resident of Village and P.O.-
Ramsahar, P.S.- Barhara, District- Bhojpur, Bihar.
7. Prashant Kumar Singh, Son of Ramanuj Singh, Resident of Village and P.O.-
Majhua Ara, P.S.- Ara Nagar, District- Bhojpur, Bihar.
8. Ram Narayan Sah, Son of Late Shankar Sah, Resident of Village and P.O.-
Matukpur, P.S.- Barhara, District- Bhojpur, Bihar.
9. Alok Chandra Tiwari, Son of Suresh Chandra Tiwari, Resident of Village
and P.O.- Shahpur, P.S. and District- Sheohar, Bihar.
10. Saurav Kumar Singh, Son of Mithilesh Prasad Singh, Resident of Village
and P.O.- Ramchua, P.S.- Shambuganj, District- Banka, Bihar.
11. Dhiraj Kumar Sah, Son of Sri Tulsi Prasad Sah, Resident of Village- Bagro,
P.O.- Fulhara, P.S.- Belhar, District- Bhojpur, Bihar.
12. Nilesh Kumar Singh, Son of Sri Niwas Singh, Resident of Village and P.O.-
Vijaynagar, P.S. and District- Banka, Bihar.
13. Alok Ranjan, Son of Ashok Prasad, Resident of Ward No.- 20, Sitamarhi,
P.S.- Town, District- Sitamarhi, Bihar.
14. Sadanand Singh, Son of Saryug Prasad Singh Resident of Village-
Chaurgaon Purushottampur, P.S.- Asarganj, District- Munger, Bihar.
15. Kiran Devi, Daughter of Shankar Prasad Chaudhary, Resident of Village and
P.O. and P.S.- Tarapur, District- Munger, Bihar.
16. Anu Kumar Sinha, Son of Late Narendra Prasad Singh, Resident of Village
and P.O.- Baradaud, P.S.- Paru, District- Muzaffarpur, Bihar- 843112.
17. Chandra Mani Yadav, Son of Ram Kishor Ray, Resident of Village-
Ramnagar, P.O.- Ratwara Bindwara, P.S.- Aurai, District- Muzaffarpur,
Bihar.
18. Poonam Chaudhary, Wife of Mithilesh Chaudhary, Resident of Village and
P.O.- Roshna, P.S.- Pranpur (Roshna O.P.), District- Katihar, Bihar- 854117.
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19. Chandra Shekhar Kumar, Son of Ravindra Prasad Singh, Resident of Village
and P.O. and P.S.- Sangrampur, District- Munger, Bihar- 813212.
20. Hemant Kumar S/o Sri Shankar Mandal, Resident of Village- Sandalpur,
Near Boys School, P.O.- Munger, P.S.- Kasimbazar, District- Munger, Bihar-
811201.
21. Bipin Kumar Chaudhary, Son of Late Vaidyanath Chaudhary Resident of
Village- Veer Kunwar Singh Colony, Ward No.- 7, P.O.- Kasipur, P.S.- Town
Police Station, District- Samastipur, Bihar- 848132.
22. Anil Kumar, Son of Siyaram Prasad, Resident of Village- Mahangua, P.O.-
Guhanwa, P.S.- Kundawa Chainpur, District- East Champaran, Bihar-
845304.
23. Surendra Ram, Son of Bilas Ram, Resident of Village- Bakhri Bazar, P.O.-
Bakhri, P.S.- Patahi, District- Motihari, Bihar- 845457.
24. Rajesh Kumar Mishra, Son of Sri Harishchandra Mishra, Resident of Village
and P.O.- Sugaon, P.S.- Sugauli, District- East Champaran, Bihar- 845456.
25. Rupesh Singh, Son of Late Ramashish Singh, Resident of Village and P.O.-
Balua, P.S.- Paharpur, District- East Champaran, Bihar- 845422.
26. Suresh Kumar Yadav, Son of Ram Swaroop Yadav, Resident of Village and
P.O.- Kanchhedwa, P.S.- Harsidhi, District- East Champaran, Bihar- 848132.
27. Ishteyak Ahmad, Son of Nazir Ahmad, Resident of Village Ward No.- 09,
Purani Bazar Narkatiyaganj, P.O.- Narkatiyaganj, P.S.- Shikarpur, District-
West Champaran Bihar- 845455.
28. Tej Narayan Chaudhur Son of Bhupnarayan Chadhur Resident of Village-
Izara, Ward No.- 06, P.O.- Izara, P.S.- Sangrampur, District- East
Champaran, Bihar- 845434.
29. Chandan Kumar, Son of Gagandev Paswan, Resident of Village-
Jaisinghpur, Chilrao, P.O.- Chilrao, P.S.- Turkauliya, District- East
Champaran, Bihar- 845437.
30. Baiju Prasad, Son of Late Raghubir Prasad, Resident of Village- Chhapwa,
P.O.- Phulwariya, P.S.- Sugauli, District- East Champaran, Bihar- 845456.
31. Anil Kumar, Son of late Vinda Prasad, Resident of Village and P.O.-
Phulwaria, P.S.- Sugauli, District- East Champaran, Bihar- 845456.
32. Amresh Giri, Son of Bhagyanarayan Giri Resident of Village- Hata Harpur,
P.O.- Bara Chakiya, P.S.- Chakiya, District- East Champaran, Bihar- 845412.
33. Shambhu Prasad Yadav, Son of Late Baidyanath Rai, Resident of Village-
Murdachak, P.O.- Jivdhara, P.S.- Piprakothi, East Champaran, Bihar-
845429.
34. Vijay Kumar Singh, Son of Late Dayashankar Singh, Resident at and P.O.-
Sagar, P.S.- Pipra, East Champaran, Bihar- 845416.
35. Raj Nandan Kumar Sah, Son of Nandkishore Sah Resident at and P.O.-
Siswa Kharar, P.S.- Kalyanpur, East Champaran, Bihar- 845432.
36. Samir Kumar, Son of Bhagirath Baitha, Resident at and P.O.- Sisahani, P.S.-
Pakridayal, District- East Champaran, Bihar- 845428.
37. Ramayan Kumar, Son of Late Prabha Sah, Resident of Village- Bara
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Bariyarpur, P.O.- Bariyarpur, P.S.- Chhatauni (Motihari), East Champaran,
Bihar- 845401.
38. Shambhu Giri, Son of Amir Giri, Resident of Village- Balmi Sirsiya, P.O.-
Medan Sirsiya, P.S.- Kalyanpur, District- East Champaran, Bihar- 845426.
39. Ram Kumar Ray, Son of Late Shiv Parsan Ray, Resident of Village and P.O.
and P.S.- Kochas, District- Rohtas, Bihar- 821112.
40. Arun Kumar, Son of Janeshwar Singh, Resident of Village and P.O.-
Muradabad, P.S.- Sasaram, District- Rohtas, Bihar.
41. Devashis Mishra, Son of Lalan Mishra, Resident of Village- Bardeyabagh
(Bhawanipur), P.O.- Bazar Samiti, P.S.- Sasaram, District- Rohtas, Bihar-
821113.
42. Madan Mohan Tiwary, Son of Kripa Shanker Tiwary, Resident of Village
and P.O.- Mokar, P.S.- Sasaram, District- Rohtas, Bihar- 821113.
43. Amit Kumar, Son of Nayak Sah, Resident of Yusuf Chak Takiya, Ward No.-
1, P.S.- Sasaram, District- Rohtas, Bihar- 821115.
44. Sunil Kumar Singh, Son of Ramjanam Singh, Resident of Village and P.O.-
Amri, P.S.- Sasaram, District- Rohtas, Bihar- 821305.
45. Sandeep Kumar Rai, Son of Ashok Rai, Resident of Gali No.- 3, Gajradh
Gaurakshani, P.S.- Sasaram, District- Rohtas, Bihar- 821115.
46. Durgesh Kumar Singh, Son of Dinesh Kumar Singh, Resident of Ward No.-
05, Gali No.- 11, Gajradh Gaurchani, P.S.- Sasaram, District- Rohtas, Bihar-
821115.
47. Sunil Ray, Son of Ashok Kumar Ray, Resident of Gali No.-3, Gajradh
Gaurchani, P.S.- Sasaram, District- Rohtas, Bihar- 821115.
48. Sunil Kumar Singh, Son of Harinarayan Singh Resident of Village-
Banrukhiya, P.O.-Bhorsarai, P.S.- Sasaram, District- Rohtas, Bihar.
49. Md. Isahak Chaudhary, Son of Late Raja Miya Resident of Ward No.- 11,
Vikramganj, P.S.- Vikramganj, District- Rohtas, Bihar.
50. Md. Akhtar Hussain, Son of Late Bho Jalil, Resident of Bhadar Darwaja,
P.S.- Sasaram, District- Rohtas, Bihar- 821115.
51. Abhay Kumar Chaudhary Son of Ajay Kumar Chaudhary Resident of
Village and P.O.- Jhandapur, P.S.- Bihpur, District- Bhagalpur, Bihar-
853201.
52. Daya Nand Kumar Son of Satish Mandal Resident of Village and P.O. and
P.S.- Bihpur, District- Bhagalpur, Bihar- 853201.
53. Bittu Chaudhary Son of Sri Vijay Kumar Sah Resident of Village- Aliganj,
P.O.- Mirjanhat, P.S.- Mojahidpur, District- Bhagalpur, Bihar- 812005.
54. Nilesh Kumar Son of Late Kailash Kumar Resident of Village and P.O.-
Sonbarsa, P.S.- Bihpur, District- Bhagalpur, Bihar- 853201.
55. Parsuram Paswan Son of Jagdish Paswan Resident of Village and P.O.- Naya
Tola Kamlakund, P.S.- Navgachhiya, District- Bhagalpur, Bihar- 853204.
56. Devvrat Kumar Son of Late Shivshankar Chaudhary Resident of Village and
P.O.- Tetri, P.S.- Navgachhiya, District- Bhagalpur, Bihar- 853204.
57. Nishant Kumar Pandey Son of Vijay Kumar Pandey Resident of Village and
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P.O.- Srinagar, P.S.- Ishipur (Barahat), District- Bhagalpur, Bihar- 813209.
58. Rajesh Poddar Son of Thithar Poddar Resident of Village- Rajendra Colony,
P.O.- Maniyamor, P.S.- Navgachhiya, District- Bhagalpur, Bihar- 853204.
59. Vinay Kumar Son of Ramotar Yadav Resident of Village- Kamlakund Babu
Tola, P.O.- Tintanga Karari, P.S.- Gopalpur, District- Bhagalpur, Bihar-
853205.
60. Ravi Kumar Son of Sri Vijay Kumar Sah Resident of Village- Aliganj, P.O.-
Mirjanhat, P.S.- Mojahidpur, District- Bhagalpur, Bihar- 812005.
61. Jyoti Devi Wife of Jitendra Kumar Gupta Resident of Village- Lalapur, P.O.-
Lalapur Bhader, P.S.- Kahalgaon, District- Bhagalpur, Bihar- 813203.
62. Subodh Yadav Son of Garib Yadav Resident of Village and P.O. and P.S.-
Sultanganj, District- Bhagalpur, Bihar- 813213.
63. Arvind Kumar Chaudhari Son of Late Bejnath Choudhary Resident of
Village- Rohyar, P.O.- Rohyar Kochi and P.S.- Hathori, District- Samastipur,
Bihar- 848209.
64. Rakesh Kumar Son of Late Dayanand Bhagat Resident of Village and P.O.
and P.S.- Sono, District- Jamui, Bihar- 811314.
65. Sanjeev Kumar Son of Sri Shyam Sundar Sah Resident of Village and P.O.
and P.S.- Laxmipur, District- Jamui, Bihar- 811312.
66. Santosh Kumar Son of Late Kailash Prasad Mandal Resident of Village and
P.O. and P.S.- Khaira, District- Jamui, Bihar- 811317.
67. Karyanand Prasad Son of Late Jagdeo Prasad Resident of Village and P.O.
and P.S.- Khaira, District- Jamui, Bihar- 811317.
68. Shambhu Yadav Son of Late Ramkhelavan Yadav Resident of Village-
Bithalpur, P.O.- Amalpur, P.S. and District- Jamui, Bihar- 821106.
69. Ram Kali Mehta Resident of Village and P.O. and P.S.- Aliganj, District-
Jamui, Bihar- 811301.
70. Pranav Kumar, Son of Omprakash Sah, Resident of village and P.O.and P.S.-
Chakai, District- Jamui. Bihar-811303.
71. Upendra Narayan Singh Son of Nageshwar Singh, Resident of Village-
Dihari, P.O. and P.S.-Sono, District-Jamui, Bihar - 811314.
72. Umesh Prasad Bhagat, Son of Sitaram Bhagat Resident of Village and
P.O.and P.S. and District- Jamui, Bihar-811307
73. Rakesh Kumar Gupta Son of Late Devnath Prasad Gupta Resident of Village
and P.O.-Hata, P.S.-Chainpur, District - Kaimur (Bhabhua), Bihar-821106
74. Sandeep Kumar Singh, Son of Vijay Bahadur Singh, Resident of Village -
Basini, P.O.-Nauhatta, P.S.-Rampur, District-Kaimur (Bhabhua), Bihar-821
104.
75. Abhay Singh, Son of Sriniwas Singh, Resident of Village-Parsiya, P.O.-
Kamhari, P.S.-Kudhani, District- Kaimur (Bhabhua), Bihar.
76. Sanjeev Rai, Son of Ramanuj Rai, Resident of Village and P.O.-Panapur,
P.S.-Kargahar, District-Rohtas, Bihar-821107.
77. Rambaran Chaudhary, Son of Late Dashrath Chaudhary, Resident of Village
and P.O.-Dhadha, P.S.-Mansi, District-Khagaria, Bihar-851214.
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78. Rakesh Chaudhary, Son of Late Chandradev Prasad Singh, Resident of
Village-Sonbarsa, Ward No. 01, P.O.Mathurapur, P.S. and District-Khagaria,
Bihar-851204.
79. Manmohan Yadav, Son of Arjun Yadav, Resident of Village-Tappadih, P.O.
and P.S.-Barahat, District-Banka, Bihar813103.
80. Anjani Kumar Singh, Son of Late Satyanarayan Singh, Resident of Village-
Basni, P.O.-Nauhatta, P.S.Karamchat, District- Kaimur, Bihar.
81. Sibu Kumar Singh, Son of Ajay Kumar Singh, Resident of Village and P.O.-
Mahuli, P.S.-Muffasil Ara, District- Bhojpur (Ara), Bihar-802312.
82. Barik, Son of Safik, Resident of Village- Dhama,Ward No. 10 R.S.,
Rajokhar, P.O.-Dhama, P.S.and District- Araria, Bihar-854312.
83. Jay Kumar Sah, Son of Fulshan Sah Resident of Village-Baturbari, Ward No.
01, Tarabari, P.O.-Pategna, P.S.-Tarabari, District- Araria, Bihar-854311.
84. Mohammad Talib Alam, Son of Mohammad Nasim, Resident of Village-
Ajamatpur, Bairgachhi, P.O. and P.S.-Bairgachhi, District- Araria, Bihar-
854311.
85. Bhawni Kumari, wife of Sharwan Kumar Bhagat, Resident of Village-
Chahatpur, Ward No. 05, Palasi, P.O. and P.S Palasi, District- Araria, Bihar-
854333.
86. Md. Jakir, Son of Md. Muslim, Resident of Village-Jhirua, Ward No. 10,
Simraha, Farbisganj, P.O. and P.S.-Simraha, District- Araria, Bihar-854318.
87. Sintu Chaudhary, Son of Sikandar Prasad Chaudhary, Resident of Village-
Om Nagar, Ward No. 08, P.O. and P.S. and District- Araria, Bihar-854311.
88. Suman Kumar Jha, Son of Sri Kamleshkant Jha, Resident of Village-Sripur
Mauan, P.O.-Bangarhatta, P.S.-Singhiya, District- Samastipur, Bihar-848209.
89. Prasan Kumar Choudhary, Son of Komal Choudhary, Resident of Ward No.
46 Mohalla-Babu Saheb Colony, P.O.Laheriasarai, P.S.-Balsaharpur,
District- Darbhanga, Bihar-846001.
90. Satendra Kumar, Son of Ram Sukul Ray, Resident of Village-Sambhuta,
P.O.-Bhaluradih, P.S.-Aurai, District - Muzaffarpur, Bihar-843312.
91. Amit Kumar, Son of Upendra Ray, Resident of Village-Poariya, P.S.-
Bishunpur, District- Darbhanga, Bihar-846001.
92. Omprakash Sah, Son of Girja Shankar Sah, Resident of Village and P.O.-
Roshna Bazar, P.S.-Pranpur, District-Katihar, Bihar-854117.
93. Kumar Gaurav, Son of Triveni Sah, Resident of Village-Bishunpur, P.O.-
Kharagpur, P.S.-Sonbarasa, District- Saharsa, Bihar-852201.
94. Prem Kumar Sharma, Son of Laldev Sharma, Sah, Resident of Village-
Sharda Nagar, Ward no. 27, P.O. and P.S. and District- Saharsa, Bihar-
852201.
95. Santosh Kumar Sharma, Son of Krishna Dev Sharma, Resident of Village-
Sharda Nagar, Ward no. 27, P.O. and P.S. and District- Saharsa, Bihar-
852201.
96. Sujeet Kumar, Son of Rajkishor Singh, Resident of village-Ward No. 9,
Supaul, West of Congress Office Supaul, P.O.and P.S. and District- Supaul,
Patna High Court CWJC No.8807 of 2022 dt.11-10-2022
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Bihar-852131.
97. Vikash Kumar, Son of Madan Prasad Yadav, Resident of Village-Mohanpur,
P.O.-Dudhaila, P.S.-Sonbarasa Kachahari, District- Saharsa, Bihar-852202.
98. Subodh Kumar Thakur, Son of Late Deepak Thakur, Resident of Village -
Dhobinia, P.O. -Raipur, P.S.-Paharkatta, District- Kishanganj, Bihar-855107.
99. Chandra Shekhar Yadav, Son of Haridya Yadav, Resident of Village-
Kankaul, P.O.-Chilmil, P.S.-Muffasil, District - Begusarai, Bihar-851131.
100 Mantu Kumar, Son of Late Sikandar Yadav, Resident of Village-Kankaul,
. P.O.-Chilmil, P.S.-Muffasil, District-Begusarai, Bihar-851131.
101 Amar Kumar Singh, Son of Late Mahendra Singh, Resident of Village and
. P.O.-Rajaura, P.S.-Muffasil, District - Begusarai, Bihar-851131.
102 Priti Kumari, wife of Ranit Kumar Raman, Resident of Village-Akhtiyarpur,
. P.O.-Rajaura, P.S.-Muffasil, District - Begusarai, Bihar-851131.
103 Sitara Devi, wife of Praveen Kumar Chaudhary, Resident of Village-
. Mahammadpur, Ward No. 38, P.O.Bishunpur Chandni Chowk, P.S.-Town
Begusarai, District- Begusarai, Bihar-851129.
104 Avinash Kumar, Son of Umakant Ray, Resident of Village and P.O.-Rajaura,
. P.S.-Muffasil, District- Begusarai, Bihar-851131.
105 Amit Kumar Singh, Son of Ramchandan Singh, Resident of Village-
. Kaithma, Ward No. 19, P.O.-Bakhadda Badalpura, P.S.-Muffasil, District-
Begusarai, Bihar-851129.
106 Sanjay Kumar, Son of Sarju Saw, Resident of Village-Khap, P.O. and P.S.-
. Cherki, District- Gaya, Bihar-824237.
107 Satish Kumar Sharma, Son of Gopal Narayan Sharma, Resident of Village-
. Samsara, P.O.-Pai Bigha, P.S.-Main Town Gaya, District- Gaya, Bihar-
804424.
108 Shivshankar Kumar, Son of Laxmi Narayan Saw, Resident of Village-
. Samsara, P.O.-Pai Bigha, P.S.-Main Town Gaya, District- Gaya, Bihar-
804424.
109 Sangeeta Kumari, wife of Arunabh, Resident of Village and P.O.-Ilara, P.S.-
. Cherki, District- Gaya, Bihar824237.
110 Ashish Raj, Son of Devendra Paswan, Resident of Village-Larpur, P.O.-
. Bhadegi, P.S.-Bodh Gaya, District- Gaya, Bihar-823003.
111. Pritam Kumar, Son of Devendra Paswan, Resident of Village-Larpur, P.O.-
Bhadegi, P.S.-Bodh Gaya, District- Gaya, Bihar-823003.
112 Kumar Vivek, Son of Anil Kumar, Resident of Village and P.O. and P.S.-
. Sohsarai, District- Nalanda, Bihar-803118.
113 Shyam Sundar Kumar, Son of Madhav Saw, Resident of Village-Saidpur,
. P.O. and P.S.-Khijar Sarai, District- Gaya, Bihar.
114 Rahul Kumar, Son of Nagesh Sharma, Resident of Village-Harhi
. Makhdumpur, P.O.-Makhdumpur, P.S.-Alipur Gaya, District- Gaya, Bihar-
824235.
115 Gopal Prasad, Son of Jagdeo Prasad, Resident of Village - Sobh, P.O.-
. Bhadeya, P.S.-Barchatti, District- Gaya, Bihar- 828401.
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116 Kumar Rajnish Achary, Son of Uday Kumar Singh, Resident of Village and
. P.O.-Ghareya, P.S.-Wazirganj, District- Gaya, Bihar-805131.
117 Ashok Singh, Son of Lakhan Singh, Resident of Village-Kishunpur, P.O.-
. Jani Bigha, P.S.-Bodh Gaya, District- Gaya, Bihar-824231.
118 Brajesh Kumar, Son of Ramnandan Sharma, Resident of Village-Shahganj,
. P.O.-Maw, P.S.-Konch, District- Gaya, Bihar-824235.
119 Niraj Yadav, Son of Vijay Yadav, Resident of Village-Bahavchak, P.O.-
. Sarbahad, P.S.-Konch, District- Gaya, Bihar-824235.
120 Sudama Singh, Son of Chamari Singh, Resident of Village-Chein, P.O.-
. Pakri, P.S.-Garua, District- Gaya, Bihar- 824205.
121 Suman Kumari, wife of Anand Kumar, Resident of Village-Biraj, P.O. and
. P.S.-Salaiya, District- Gaya, Bihar824210.
122 Jitendra Kumar, Son of Kuldip Yadav, Resident of Village and P.O. and P.S.-
. Chandauti, District- Gaya, Bihar-823001.
123 Brajendra Singh, Son of Amresh Singh, Resident of Village - Dadhapi, P.O.
. -and P.S.-Bandeya, District- Aurangabad, Bihar-824129.
124 Vibhuti Narayan, Son of Narendra Kumar Resident of Village and P.O.-
. Hirday Chak, P.S.-Fatehabad, District- Arwal, Bihar-824127.
125 Manoj Kumar, Son of Jagdish, Resident of Village and P.O.-War, P.S.-
. Barhikhap, District- Aurangabad, Bihar-824103.
126 Umashankar Singh, Son of Late Sitaram Singh, Resident of Village-
. Anandpur, P.O.-Pawai, P.S.-Suryagadha, District- Lakhisarai, Bihar-811311.
127 Kumar Rajnish, Son of Late Lakhan Prasad, Resident of Village-Lakhochak,
. P.O.-Bichhway, P.S.-Keul, District-Lakhisarai, Bihar-811310.
128 Arvind Kumar, Son of Late Brahamdev Singh, Resident of Village and P.O.-
. Rahatpur, P.S.-Suryagadha, District - Lakhisarai, Bihar-811311.
129 Anita Devi, wife of Aonkar Sharan Singh, Resident of Village-Parihara Ward
. No. 06, P.O. and P.S.-Parihara, District-Begusarai, Bihar-851225.
130 Manimala Devi, Wife of Jayat Kumar Signh, Resident of Village-Madhepura
. Kundal, P.O. and P.S.-Sindhiya, District - Samastipur, Bihar-849206.
131 Alok Sharan Bihar, Son of Omkar Sharan Singh, Resident of Village and
. P.O. and P.S.-Parihara, District- Begusarai, Bihar-851225.
132 Sharda Devi, wife of Bipin Kumar Chaudhary, Resident of village and P.O.-
. Pataili, P.S.-Ujiyarpur, District-Samastipur, Bihar-848132.
133 Ramesh Yadav, Son of Ramcharitra Yadav, Resident of Village-Kumbhi,
. Ward no. 08, P.O.-Medhaul, P.S.Khodabandpur, District- Begusarai, Bihar-
848202.
134 Mukesh Kumar Singh, Son of Late Raghunath Singh, Resident of Village
. and P.O.-Kilaghat, P.S.-Darbhanga Town, District- Darbhanga, Bihar-
846004.
135 Rajesh Kumar, Son of Binod Prasad Singh, Resident of Village-Wajitpur,
. P.O.-Mahapur, P.S.-Kawakol, District- Nawada, Bihar-805106.
136 Rakesh Kumar, Son of Ramlakhan Singh, Resident of Village and P.O.-
. Chakway, P.S.-Warsaliganj, District-Nawada, Bihar-805130.
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137 Sikandar Jayasaval, Son of Harilal Jayasawal, Resident of Village and P.O.
. and P.S.-Beldour, District- Khagaria, Bihar - 852161.
138 Rajkumar Mishra, Son of Late Rajendra Mishra, Resident of Village-Ward
. No. 11, Near Mahadev Mandir, Kharajpur, Darbhanga, P.O.-Kharagpur, P.S.-
Bahadurpur, District - Aurangabad, Bihar-846003.
139 Vishun Dev Ray, Son of Shree Balam Ray, Resident of Village-Bhagwanpur,
. P.O.- Janardanpur P.S.-Kalyanpur, District- Samastipur, Bihar-848302.
140 Shyam Sundar Paswan, Son of Rajo Paswan, Resident of Village-Pirari
. Kamalpur, P.O.-Kushoudhar Pirari Darbhanga, P.S.-Bahadurpur, District-
Darbhanga, Bihar-846001.
141 Chintu Jha, Son of Divakar Jha, Resident of Village-Hanuman Nagar, P.O.-
. Narmara, P.S.-Bishunpur District - Darbhanga, Bihar-846003.
142 Ganesh Tiwari, Son of Late Brij Kishore Tiwary, Resident of Village -
. Bangara, P.O.-Narhawa Shukul, P.S.Kuchaikot, District- Gopalganj, Bihar.
143 Amit Kumar Choubey, Son of Birendra Choubey, Resident of Village-
. Karnpura, P.O. and P.S. - Manjha Gadh, District- Gopalganj, Bihar.
144 Suraj Kushwaha, Son of Kishna Prasad, Resident of Village-Pandey
. Khujuraha, P.O. and P.S.- Bhore, District - Gopalganj, Bihar.
145 Nandji Singh, Son of Late Hira Singh, Resident of Village-Kaithwalia, P.O.
. and P.S. -Gopalganj, District - Gopalganj, Bihar.
146 Umesh Ranjan, Son of Late Krishna Bihari Prasad Gupta, Resident of
. Village-Sareya, Ward No. 11, Guta Colony, P.O. and P.S. -Gopalganj,
District- Gopalganj, Bihar.
147 Anil Singh, Son of Late Ramashray Singh, Resident of Village-Devapur
. Mohar Singh Ke Tola, P.O. -and P.S.-Manjha, District- Gopalganj, Bihar.
148 Khurshid Alam, Son of Late Khalil Miaya, Resident of Village-Girdhar
. Parsa, P.O.-Bhagwat Parsa, P.S.-Phulwariya, District- Gopalganj, Bihar.
149 Rampukar Prasad, Son of Late Jagarnath Prasad, Resident of Village - Balra,
. P.O.-Hasanpur Mathiya, P.S.-Sidhwalia District- Gopalganj, Bihar.
... ... Petitioners
Versus
1. The State of Bihar.
2. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
3. Director, Midday Meal, Bihar.
4. Director, Pradhan Mantri Poshan Yojana, Bihar.
5. Director, Bihar State Project Education Council and Sarv Siksha Abhiyan, 4,
Saidpur Road, Naya Tola, Bhikhana Pahari, Patna, Bihar - 800004.
6. The District Magistrate - Cum - Chairman, District Level Contractor
Selection Committee, Munger.
7. The District Magistrate -cum- Chairman, District Level Contractor Selection
Committee, Motihari at East Champaran
8. The District Magistrate -cum- Chairman, District Level Contractor Selection
Patna High Court CWJC No.8807 of 2022 dt.11-10-2022
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Committee, Jamui.
9. The District Magistrate -cum- Chairman, District Level Contractor Selection
Committee at Kaimur.
10. The District Magistrate -cum- Chairman, District Level Contractor Selection
Committee, Rohtas.
11. The District Magistrate -cum- Chairman, District Level Contractor Selection
Committee, Bhagalpur.
12. The District Magistrate -cum- Chairman, District Level Contractor Selection
Committee, Gopalganj.
13. The District Magistrate -cum- Chairman, District Level Contractor Selection
Committee, Gaya.
14. The District Magistrate -cum- Chairman, District Level Contractor Selection
Committee, Nawada.
15. The District Magistrate -cum- Chairman, District Level Contractor Selection
Committee, Lakhisarai.
16. The District Magistrate -cum- Chairman, District Level Contractor Selection
Committee, Aurangabad.
17. The District Magistrate -cum- Chairman, District Level Contractor Selection
Committee, Samastipur.
18. The District Magistrate -cum- Chairman, District Level Contractor Selection
Committee, Khagaria.
19. The District Magistrate -cum- Chairman, District Level Contractor Selection
Committee, Sheohar.
20. The District Magistrate -cum- Chairman, District Level Contractor Selection
Committee, Banka.
21. The District Magistrate -cum- Chairman, District Level Contractor Selection
Committee, Muzzafarpur.
22. The District Magistrate -cum- Chairman, District Level Contractor Selection
Committee, Katihar.
23. The District Magistrate -cum- Chairman, District Level Contractor Selection
Committee, Darbhanga.
24. The District Magistrate -cum- Chairman, District Level Contractor Selection
Committee, Araria
25. The District Magistrate -cum- Chairman, District Level Contractor Selection
Committee, Bhojpur.
26. The District Magistrate -cum- Chairman, District Level Contractor Selection
Committee, Saharsa.
27. The District Magistrate -cum- Chairman, District Level Contractor Selection
Committee, Kishanganj.
28. The District Magistrate -cum- Chairman, District Level Contractor Selection
Committee, Begusarai.
29. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Munger.
Patna High Court CWJC No.8807 of 2022 dt.11-10-2022
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30. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Motihari at East Champaran.
31. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Jamui.
32. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Kaimur.
33. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Rohtas.
34. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Bhagalpur.
35. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Gopalganj.
36. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Gaya.
37. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Nawada.
38. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Lakhisarai.
39. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Aurangabad.
40. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Samastipur.
41. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Khagaria.
42. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Sheohar.
43. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Banka.
44. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Muzzafarpur.
45. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Katihar.
46. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Darbhanga.
47. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Araria.
48. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Bhojpur.
49. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Saharsa.
50. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Kishanganj.
51. The District Programme Officer cum Member Secretary, District Level
Patna High Court CWJC No.8807 of 2022 dt.11-10-2022
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Contractor Selection Committee, Begusarai.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 6489 of 2022
======================================================
1. Sanjiv Kumar Suman, Son of Ganesh Yadav resident of Village - Matihani,
P.O. - Manjhli Matihani, P.S.- Belhar, Banka, District - Banka, Bihar -
813202.
2. Ajay Kumar, Son of Jyotish Lal Shah, resident of Mohalla - Hariganj, P.O. -
Katihari, P.S. Nagar Katihar, District- Katihar, Bihar - 854105.
3. Ranjeet Kumar Pandey, Son of Ravi Shankar Pandey, resident of Village -
Topra Tolla, Srirampur, Bhagalpur, P.S. and District - Bhagalpur, Bihar -
813209.
4. Jitendra Kumar, Son of Jagannath Prasad, resident of Village and P.O.-
Kunwa, Near Shiv Mandir, Ward No. 08, P.S.- Chakia, Chakia, District- East
Champaran, Bihar - 845412.
5. Viky Kumar Gupta, Son of Vijay Gupta, resident of Village and P.O.-
Kunwa, Ward No. 08, P.S.- Chakia, Kunwa, Near Shiv Mandir, P.S. -
Chakia, Chakia, District - East Champaran, Bihar - 845412.
6. Arjun Shah, Son of Jaganarayan Shah, resident of Village - Ram Shahar,
P.O. - Ram Shahar, P.S. Barhara, District- Bhojpur, Bihar- 802311.
7. Shankar Mandal, Son of Palatu Mandal, resident of Village- Shobhanpur,
P.O. - Shobhanpur Katoria, P.S.- Amarpur, District - Banka, Bihar- 813101.
8. Rajkishor Pandey, Son of Ram Lochan Pandey, resident of Ward No. 08,
Raghunathpur Gandhi Nagar, Near Jawahar International School, P.O. -
Motihari, P.S. - Raghunathpur O.P., District- East Champaran, Bihar -
845401.
9. Alok Mani Son of Prabhakar Tiwari resident of Village - Belabanava, Rajkie
Madhya Vidhayalay Belabanava, Belbanwa, P.O.- Motihari, P.S. - Town
Police Station District - East Champaran, Bihar- 845401.
10. Raju Prasad Son of Adit Prasad, resident of Near Shanti Nagar, Village and
P.O. - Ahirualiya, Machhar Ganwan, P.S.- Kotwa, District - East Champaran,
Dariapur, Bihar- 845417.
11. Anand Kumar, Son of Anil Kumar, resident of Ward No. 01, Village, P.O.
and P.S.- Harsidhi, District- East Champaran, Bihar - 845422.
12. Chutun Kushawaha, Son of Heeralal Prasad, resident of Village and P.O.-
Bariyariya, P.S. - Sangrampur, District- East Champaran, Bihar - 845434.
13. Vedprakash Yadav Son of Chandradev Yadav, resident of Village, P.O. and
P.S.- Chiraia, District - East Champaran, Bihar - 845415.
14. Soman Rai, Son of Vindeshwar Rai, resident of Ward No. 2, Nagar
Panchayat Sheohar, P.O. and P.S. and District - Sheohar, Bihar - 843329.
15. Akhilendra Nath Trivedy Son of Birendra Trivedy, resident of Lalgadh,
Chhabni, Maksudpur, Kararia, Village and P.O. and P.S. and District -
Sheohar, Bihar - 843329.
Patna High Court CWJC No.8807 of 2022 dt.11-10-2022
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16. Pappu Tatma, Son of Devi Tatma resident of Village - Hafalaganj Sirnia
Paschim, P.O. - Sirnia, P.S. - Muffasil Katihar, District- Katihar, Bihar-
854103.
17. Vivek Kumar Srivastav, Son of Munmun Kumar Srivastav, resident of
Village - Agrsi Dihra, P.O. and P.S. - Barahari, Purahra, District- Rohtas,
Bihar- 802215.
18. Dilip Kumar Gupta, Son of Ramsakal Gupta, resident At Hussainabad,
Choudhary Mohalla, P.O. - Katihar, P.S.- Town, District - Katihar - 854105.
19. Shyam Lal Paswan Son of Siyaram Paswan, resident At Tigachhiya, P.O. -
Katihar, P.S.- Town, District- Katihar- 854105.
20. Rohit Paswan, Son of Vijay Paswan, At Gandhi Tola, P.O. and P.S.-
Manihari, District- Katihar - 854113.
21. Rupesh Paswan, Son of Ranjeet Paswan, At Gandhi Tola, P.O. and P.S. -
Manihari, District - Katihar - 854113.
22. Jyotish Lal Sah, Son of Late Baso Lal Sah, resident At Patel Chowk,
Hariganj Mohalla, P.O.- Katihar, P.S.- Town District- Katihar- 854105.
23. Ashok Kumar Mahto, Son of Laxmi Mahto At Near Ramkanthu School,
Naya Tola, P.O. - Katihar, P.S.- Town, District- Katihar- 854105.
24. Amit Agrawal, Son of Prem Kumar Agrawal, At Binodpur, P.O. - Katihar,
P.S. - Town, District - Katihar - 854105.
25. Abhay Kumar Mandal, Son of Narand Mandal At Near Ramkanthu School,
Naya Tola, P.O. - Katihar, P.S. - Town, District- Katihar - 854105.
... ... Petitioners
Versus
1. The State of Bihar.
2. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
3. Director, Midday Meal, Bihar.
4. Director, Pradhan Mantri Poshan Yojana, Bihar.
5. Director, Bihar State Project Education Council and Sarv Siksha Abhiyan 4,
Saidpur Road, Naya Tola, Bhikhana Pahari, Patna, Bihar 800004.
6. The District Magistrate-cum-Chairman, District Level Contractor Selection,
Committee, Banka.
7. The District Magistrate-cum-Chairman, District Level Contractor Selection
Committee, Katihar.
8. The District Magistrate-cum-Chairman, District Level Contractor Selection
Committee, Bhagalpur.
9. The District Magistrate-cum-Chairman, District Level Contractor Selection
Committee at East Champaran.
10. The District Magistrate-cum-Chairman, District Level Contractor Selection
Committee, Bhojpur at Ara.
11. The District Magistrate-cum-Chairman, District Level Contractor Selection
Committee, Sheohar.
Patna High Court CWJC No.8807 of 2022 dt.11-10-2022
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12. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Banka.
13. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Katihar.
14. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Bhagalpur.
15. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Motihari at East Champaran.
16. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Bhojpur at Ara.
17. The District Programme Officer cum Member Secretary, District Level
Contractor Selection Committee, Sheohar.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 7281 of 2022
======================================================
1. Birendra Singh Yadav S/o Shri Dwarika Singh Yadav R/o-Village-Kamhari,
P.O.-Kaser, P.S.-Bhagwanpur, District-Kaimur.
2. Mussaraf Khan S/o Diwan Tafsir Khan R/o-Village-Hasrev, P.O.-Lohdan,
P.S.-Chand District-Kaimur
3. Punam Devi S/o Shri Jitendra Mishra R/o-Village-Kurra, P.O.-Akodhi, P.S.-
Mohaniya, District-Kaimur.
4. Dharmendra Kumar Patel S/o Late Hridayanand Singh R/o-Village-Sion,
P.O. and P.S.-Bhabhua, District-Kaimur
... ... Petitioners
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Bihar, Patna.
3. The Principal Secretary, Education Department, Bihar, Patna.
4. The Secretary, Food and Consumer Protection Department, Bihar, Patna.
5. Director, P.M. Poshan Yojana, Bihar, Patna.
6. District Magistrate, Kaimur
7. District Programme Officer, Mid Day Meal Scheme, District-Kaimur.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 8177 of 2022
======================================================
Harendra Prasad Singh @ Harendra Pd. Singh, Son of Dharam Nath Singh,
resident of Vill.- Basantpur Kakarahata, P.S. Bidupur, District - Vaishali.
Patna High Court CWJC No.8807 of 2022 dt.11-10-2022
14/47
... ... Petitioners
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
3. Director, Mid Day Meal, Patna, Bihar.
4. Director, Pradhan Mantri Poshan Yojana, Patna, Bihar.
5. Director, Bihar State Project Education Council and Sarv Siksha Abhiyan 4,
Saidpur Road, Nava Tola, Bhikhana Pahari, Patna.
6. The District Magistrate-Cum-Chairman, District Level Contractor Selection
Committee.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 8595 of 2022
======================================================
1. Premchand Chaudhary, Son of Mishri Lal Chaudhary Resident of Vill. and
P.O. and P.S.- Bhagwanpur, District- Vaishali.
2. Ratnesh Kumar Singh, Son of Late Chandeshwar Singh Resident of Vill.-
Santkabir Nagar, Jadua, P.S.- Town Hajipur, District- Vaishali.
3. Abhay Kumar Suman, Son of Nandkishore Prasad Resident of Vill.- Rampur
Bakhtaur, P.S.- Goraul, District- Vaishali.
4. Manoj Ray, Son of Janardan Rai Resident of Vill.- Ibrahimabaad, P.S.-
Raghopur, District- Vaishali.
... ... Petitioners
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary Education Department, Government of
Bihar, Patna.
3. Director Mid Day Meal, Patna, Bihar.
4. Director Pradhan Mantri Poshan Yojana, Patna, Bihar.
5. Director Bihar State Project Education Council and Sarv Siksha Abhiyan 4,
Saidpur Road, Nava Tola, Bhikhana, Pahari, Patna.
6. The District Magistrate-Cum-Chairman District Level Contractor Selection
Committee, Vaishali.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 8875 of 2022
======================================================
1. Vineet Kumar Upadhya, Son of Sri Pramod Upadhya, Resident of Ram
Patna High Court CWJC No.8807 of 2022 dt.11-10-2022
15/47
Nagar, Rallay Bazar, P.S. Ram Nagar, District- West Champaran.
2. Rajeev Kumar Verma, Son of Late Daya Shankar Prasad, Resident of Gidha,
P.O.- Chaubey Tola, P.S.- Chanpattia, District- West Champaran.
3. Pawan Kumar, Son of Sri Bhushan Prasad, Resident of Fattehpur, P.S.-
Jogapatti, District- West Champaran.
4. Rajan Kumar, Son of Late Ghanshyam Prasad, Resident of Mela Ground,
Ward No.- 2, P.O. and P.S.- Chanpattia, District- West Champaran.
5. Md. Rahish, Son of Late Abdul Mazid Kha, Resident of Village - Sun
Saraiya, P.S.- Muffasil, District- West Champaran.
6. Vijay Kant Dubey, Son of Sri Dwarika Dubey, Resident of Bhitha, P.S.-
Bairia, District- West Champaran.
7. Mukesh Kumar, Son of Rama Sah, Resident of Ward No.- 11, Mahnaganni,
P.S.- Muffasil, District- West Champaran.
8. Shambhu Sah, Son of Badai Sah, Resident of ward No.- 10, Mahnaganni,
P.S.- Muffasil, District- West Champaran.
... ... Petitioners
Versus
1. The State of Bihar.
2. The Additional Chief Secretary Department of Education, Government of
Bihar, Patna.
3. The Director, Mid-day Meal, Bihar.
4. The Director Pradhan Mantri Poshan Yojana, Bihar.
5. The Director Bihar State Project Education Council and Sarv Siksha
Abhiyan, 4, Saidpur Road, Naya Tola, Bhikhana Pahari, Patna, Bihar-
800004.
6. The District Magistrate cum Chairman District Level Contractor Selection
Committee, West Champaran.
7. The District Programme Officer cum Member Secretary District Level
Contractor Selection Committee, West Champaran.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 8942 of 2022
======================================================
Avinash Kumar, Son of Sri Uday Saaw, Resident of Village- Maharajganj
Mushari, P.S.- Paliganj, District- Patna.
... ... Petitioners
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary Department of Education-cum-Chairman,
Bihar Rajya Madhyan Bhojan Yojna Samiti, Bihar, Patna.
3. The Director, PM Poshan Yojna-cum-Secretary Bihar Rajya Madhyan
Patna High Court CWJC No.8807 of 2022 dt.11-10-2022
16/47
Bhojan Yojna Samiti, Bihar, Patna.
4. The Director Pradhan Mantri Poshan Shakti Nirman Yojana, Bihar, Patna.
5. The District Magistrate-cum- Chairman District Level Contractor Selection
Committee, Jehanabad.
6. The District Program Officer Pradhan Mantri Poshan Yojna, Jehanabad.
7. Managing Director, Bihar State Food and Civil Supplies Corporation.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 8945 of 2022
======================================================
1. Arun Kumar, S/o Lala Saw, Resident of Village and P.O.-Manikpur, P.S.-
Kurtha, District-Arwal.
2. Sabin Kumar, S/o Satyendra Singh, Resident of Village-Nagala Kinjar, P.S.
and P.O.-Kinjar, District-Arwal.
... ... Petitioners
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. Director, Midday Meal, Bihar.
3. Director, Pardhan Mantri Poshan Yojana, Bihar.
4. Director, Bihar State Project Education Council and Sarv Siksha Abhiyan, 4,
Saidpur Road, Naya Tola, Bhikhana Pahari, Patna, Bihar.
5. The District Magistrate-cum-Chairman, District Level Contractor Selection
Committee, Arwal.
6. The Deputy Development Commissioner, Arwal.
7. The District Programme Manager, Midday Meal Scheme, Arwal.
8. The District Programme Officer-cum-Member Secretary, District Level
Contractor Selection Committee, Arwal.
9. The District Education Officer, Arwal.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 8976 of 2022
======================================================
Sumant Kumar, Son of Sudhir Singh, Resident of Village - Akhtiyarpur, P.S.-
Paliganj, District - Patna.
... ... Petitioners
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education-cum-Chairman,
Patna High Court CWJC No.8807 of 2022 dt.11-10-2022
17/47
Bihar Rajya Madhyan Bhojan Yojna Samiti, Bihar, Patna.
3. The Director, PM Poshan Yojna-cum-Secretary, Bihar Rajya Madhyan
Bhojan Yojna Samiti, Bihar, Patna.
4. The Director, Pradhan Mantri Poshan Shakti Nirman Yojana, Bihar, Patna.
5. The District Magistrate-cum-Chairman, District Level Contractor Selection
Committee, Arwal.
6. The District Program Officer, Pradhan Mantri Poshan Yojna, Arwal.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 9203 of 2022
======================================================
Mithilesh Kumar Singh @ Mithlesh Kumar Singh, S/o Kulbansh Singh, R/o
Village-Jamua, P.S.-Karakat, District-Rohtas at Sasaram.
... ... Petitioners
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Bihar, Patna.
3. The Principal Secretary, Department of Education, Bihar, Patna.
4. The Secretary Food and Consumer Protection Department, Bihar, Patna.
5. The Director, P.M. Nutrition Scheme, Bihar, Patna.
6. The District Magistrate, Kaimur at Bhabhua.
7. The District Program Officer, Mid Day Meal Scheme, District Bhabhua.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 9650 of 2022
======================================================
Prakash Singh, Son of Ramotar Singh, resident of Village - 1121, Shahpur
Choumukh, Mangal Bhawan, Shahpur Chaumukh, Madhepura, P.O.- Shahpur,
P.S.- Gwalpara, District- Madhepura, Bihar - 852115.
... ... Petitioners
Versus
1. The State of Bihar.
2. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
3. Director, Midday Meal, Bihar.
4. Director, Pradhan Mantri Poshan Yojana, Bihar.
5. Director, Bihar State Project Education Council and Sarv Siksha Abhiyan, 4,
Saidpur Road, Naya Tola, Bhikhana Pahari, Patna, Bihar 800004.
Patna High Court CWJC No.8807 of 2022 dt.11-10-2022
18/47
6. The District Magistrate-cum-Chairman, District Level Contractor Selection
Committee, Madhepura.
7. The District Programme Officer-cum-Member Secretary, District Level
Contractor Selection Committee, Madhepura.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 9704 of 2022
======================================================
1. Kamlesh Singh, S/o Paramhans Singh, R/o Village-Narayanpur, P.O. and
P.S.-Narayanpur, District-Bhojpur.
2. Rakesh Kumar Singh, S/o Rajeshwar Singh, R/o Village-Narayanpur, P.O.
and P.S.-Narayanpur, District-Bhojpur.
3. Prashant Kumar Singh, s/o Ramanuj Singh, R/o Village-Majhauwa, P.O.-Ara
GPO, P.S.-Ara Town, District-Bhojpur.
4. Lawjee Singh, S/o Lakshman Ray, R/o Village-Puhaphi, P.O.-Dinara,
District Rohtas.
5. Virendra Yadav, S/o Bhorik Yadav, R/o Village and P.O. Ekwari, P.S. Sahar,
District Bhojpur.
... ... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, Human Resources
Development Department, Bihar, Patna.
2. The Principal Secretary, Human Resources Department, Government of
Bihar, Patna.
3. The Additional Chief Secretary, Education Department, Govt. of Bihar,
Patna.
4. The Director, Mid Day Meal Project, Bihar, Patna.
5. The Director, Pradhan Mantri Poshan Yojna, Bihar, Patna.
6. The Director, Bihar State Project Education Council and Sarv Shiksha
Abhiyan Saidpur Road, Naya Tola, Bhikhna Pahari, Patna.
7. The District Magistrate-cum-Chairman, District Level Contractor Selection
Committee, Bhojpur at Ara.
8. The District Education Officer, Bhojpur at Ara.
9. The District Program Officer, Mid Day Meal Project, Bhojpur at Ara.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 9921 of 2022
======================================================
1. Amresh Kumar Singh, Son of Late Kalika Prasad Singh, Resident of
Mohalla-Court Station Road, Gali No.-1, P.S.-K. Hat, District-Purnea.
Patna High Court CWJC No.8807 of 2022 dt.11-10-2022
19/47
2. Rajesh Kumar Gupta, Son of Late Banarsi Prasad Gupta, Resident of
Village-Champa Nagar, P.S.-K. Nagar, District-Purnea.
... ... Petitioners
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Bihar, Patna.
2. The Director, Mid-Day Meal, Bihar, Patna.
3. The Director, Pradhan Mantri Poshan Yojana, Bihar, Patna.
4. The Director, Bihar State Project Education Council and Sarva Siksha
Abhiyan 4, Saidpur Road, Naya Tola, Bhikna Pahari, Patna-800004.
5. The Managing Director, Bihar State Food and Civil Supplies Corporation
Ltd., Khadya Bhawan, Daroga Prasad Rai path, R- Block, Road No.2, Patna-
1.
6. The District Magistrate Cum Chairman, District Level Contractor Selection
Committee, Purnea.
7. The District Proggamme Officer, Prime Minister Poshan Yojana, Purnea.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 9972 of 2022
======================================================
Navin Nishchal, Son of Suresh Prasad Singh, Resident of Village-Maniyarpur,
Police Station and District-Samastipur.
... ... Petitioners
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
2. The Director Mid-Day Meal, Bihar, Patna.
3. The Director, Pradhan Mantri Poshan Yojna, Bihar, Patna.
4. The Director, Bihar State Project Education Council, Saiyadpur Road, Naya
tola, Bhikhnapahari, Patna.
5. The District Magistrate-Cum-Chairman, District Level Contractors Selection
Committee, Samastipur.
6. The District Education Officer, Samastipur.
7. The District Programme Officer, Pradhan Mantri Poshan Yojna, Samastipur.
8. The District Programme Officer-Cum-Member Secretary, District Level
Contractors Selection Committee, Samastipur.
... ... Respondents
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 8807 of 2022)
For the Petitioner/s : Mr. Y.V. Giri, Sr. Advocate
Patna High Court CWJC No.8807 of 2022 dt.11-10-2022
20/47
: Mr. Pranav Kumar, Advocate
Ms. Shrishti Singh, Advocate
Mr. Sumit Kumar, Advocate
For the State : Mr. Vikash Kumar, Advocate, SC-11
Mr. Madanjeet Kumar, Advocate, GP-20
For the Respondents : Mr. Girijish Kumar, Advocate
(In Civil Writ Jurisdiction Case No. 6489 of 2022)
For the Petitioner/s : Mr. Y.V. Giri, Sr. Advocate
: Mr. Pranav Kumar, Advocate
Ms. Shrishti Singh, Advocate
Mr. Sumit Kumar, Advocate
For the State : Mr. Vikash Kumar, SC-11
Mr. Madanjeet Kumar, GP-20
For the Respondents : Mr. Girijish Kumar, Advocate
(In Civil Writ Jurisdiction Case No. 7281 of 2022)
For the Petitioner/s : Mr. Ajay Kr. Singh, Advocate
Mr. Subhash Kr. Tiwari, Advocate
For the Respondent/s : SC 28
: Mr. Girijesh Kumar, Advocate
(In Civil Writ Jurisdiction Case No. 8177 of 2022)
For the Petitioner/s : Mr. Md. Helal Ahmad
For the Respondent/s : Smt. Shilpa Singh (GA-12)
(In Civil Writ Jurisdiction Case No. 8595 of 2022)
For the Petitioner/s : Mr.Md. Helal Ahmad
For the Respondent/s : Mr.Prabhakar Jha (GP27)
(In Civil Writ Jurisdiction Case No. 8875 of 2022)
For the Petitioner/s : Mr. Shashi Bhushan Kumar, Adv.
Mrs. Arti Kumari, Advocate
For the Respondent/s : Mr. Subhash Chandra Mishra ( SC-16 )
(In Civil Writ Jurisdiction Case No. 8942 of 2022)
For the Petitioner/s : Ms. Prakritita Sharma, Advocate
Mr. Krishna Chandra, Advocate
For the State : Mr. Kameshwar Kumar GP17
: Mr. Arbind Kumar AC to GP 17
(In Civil Writ Jurisdiction Case No. 8945 of 2022)
For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate
For the Respondent/s : Mr. Jitendra Kr. Roy 1 (SC13)
(In Civil Writ Jurisdiction Case No. 8976 of 2022)
For the Petitioner/s : Mr. Prakritita Sharma, Advocate
Mr. Krishna Chandra, Advocate
For the Respondent/s : Mr.Prabhakar Jha (GP27)
(In Civil Writ Jurisdiction Case No. 9203 of 2022)
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
Mr. Subhash Kumar Tiwari, Advocate
For the Respondent/s : Mr. Madhaw Pd. Yadaw (GP-23)
(In Civil Writ Jurisdiction Case No. 9650 of 2022)
Patna High Court CWJC No.8807 of 2022 dt.11-10-2022
21/47
For the Petitioner/s : Mr. Y. V. Giri, Sr. Advocate
Mr. Pranav Kumar, Advocate
Ms. Shrishti Singh, Advocate
Mr. Sumit Kumar, Advocate
For the Respondent/s : Mr.Smt. Binita Singh ( SC 28 )
(In Civil Writ Jurisdiction Case No. 9704 of 2022)
For the Petitioner/s : Mr.Ram Kumar Singh
For the Respondent/s : Smt. Shilpa Singh (SC 28)
(In Civil Writ Jurisdiction Case No. 9921 of 2022)
For the Petitioner/s : Mr.Amit Kumar Anand
For the Respondent/s : Mr.Kameshwar Kumar (GP17)
(In Civil Writ Jurisdiction Case No. 9972 of 2022)
For the Petitioner/s : Mr.Jitendra Prasad Singh
For the Respondent/s : Smt. Binita Singh (SC 28)
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH)
Date : 11-10-2022
Since common questions of law and facts are
involved in these writ petitions, they have been heard together and
are being disposed of by a common order.
2. In these writ petitions, the petitioners have sought for
the following reliefs:-
(i) For quashing the impugned order dated 25.03.2022 issued
under the signature of the Additional Chief Secretary-cum-
Chairman, Bihar State Mid-Day Meal Committee by which
it was decided that since the vehicles used by the Bihar
State Food and Civil Supplies Corporation are installed
with GPS and handling charges are relatively less and they
Patna High Court CWJC No.8807 of 2022 dt.11-10-2022
22/47
have fair price shop situated in every village, therefore, the
grain to be lifted/distributed under the Pradhanmantri
Poshan Shakti Nirman Yojana (for short 'P.M. Poshan
Yojna') would be executed through the Bihar State Food
and Civil Supplies Corporation (for short 'B.S.F.C.')
contractors, so that consistency would be maintained.
(ii) For quashing the order dated 28.03.2022 bearing memo no.
649 dated 06.04.2022 issued under the chairmanship of the
Chief Secretary, State of Bihar wherein it was decided that
since the vehicles used by the B.S.F.C. are installed with
GPS system and their handling charges are relatively less,
therefore, the grain to be lifted/distributed under the P.M.
Poshan Yojna would be executed through B.S.F.C.
contractors and on the basis of direction of the Chief
Secretary the last date is fixed for 30.06.2022 for
commencement of lifting and distribution of food grain
under the P.M. Poshan Yojna through B.S.F.C. contractors.
(iii) For quashing the letter no.926 dated 09.05.2022 issued
under the signature of Additional Chief Secretary,
Education Department, Government of Bihar, wherein it
has been decided that from 01.06.2022 the lifting and
distribution of grain under P.M. Poshan Yojna would be
Patna High Court CWJC No.8807 of 2022 dt.11-10-2022
23/47
done through the contractors of the B.S.F.C. and the
agreements executed with the petitioners and similarly
situated persons would be terminated by 30.05.2022.
(iv) For issuance of a writ in the nature of certiorari for
quashing the individual orders whereby the agreements in
relation to Mid Day Meal contractors including the
petitioners have been terminated with effect from
30.05.2022.
(v) For issuance of a writ in the nature of mandamus directing the respondent education department not to publish any fresh notice inviting tender for appointing contractor for distribution of grain under P.M. Poshan Yojna or getting the work done thorough the contractor of B.S.F.C.
(vi) For issuance of a direction in the nature of mandamus to the respondents to restore the agreement if any cancelled/terminated pursuant to letter no. 926 dated 21.05.2022 with consequential benefits and compensation and allow the petitioners to continue with the lifting/distribution of grain for a period of two years as stipulated in the respective agreements.
3. The brief facts of the case are that the P.M. Poshan Yojna was earlier known as National Program of Mid-Day Meal in Patna High Court CWJC No.8807 of 2022 dt.11-10-2022 24/47 Schools. It is one of the foremost rights based centrally sponsored scheme under the National Food Security Act, 2013 (for short 'N.F.S. Act'). The primary objective of the scheme is to improve the nutritional status of children studying in classes I-VIII in eligible schools. The scheme addresses two of the pressing problems for majority of children in India, viz. hunger and education by improving the nutritional status of eligible children in Government and Government aided schools. It also encourages poor children belonging to disadvantaged sections to attend school more regularly and help them concentrate on classroom activities.
4. To further the objective of the P.M. Poshan Yojna, implementation of Mid-Day Meal Scheme is executed in every State. In the State of Bihar, implementation of this scheme comes under the Education Department and the Bihar State Mid-Day Meal Scheme Committee has been constituted for the said purpose. In this context, the State Government has issued a letter dated 20.11.2017 wherein guidelines have been stipulated in connection with the lifting/distribution of grain for implementation of Mid-Day Meal Scheme at the Block level. Through these guidelines, it has been stipulated that for every district there will be a committee constituted for selection of contractor for lifting/distribution and handling of food grains. The guidelines Patna High Court CWJC No.8807 of 2022 dt.11-10-2022 25/47 further mention the conditions that will govern the selection and also the terms of agreement executed for implementation of Mid- Day Meal Scheme.
5. On the basis of the guidelines issued by the Director, Mid-Day Meal Project, notice inviting tender (for short 'NIT') was published in different districts in relation to lifting of food grains from the godown of B.S.F.C. and distribution to the store of schools at the panchayat level with the Block.
6. Pursuant to the respective NITs, the respondent authorities in different districts entered into individual agreement for the execution of the work of lifting and distribution of grains. The respective petitioners of these cases entered into individual agreement with the concerned District Program Officer-cum- Member Secretary, District Level Contractor Selection Committee on different dates. The agreements were executed for a period of two years clearly stipulating the grounds on which they could be terminated.
7. On 25.03.2022, the Bihar State Mid-Day Meal Committee held a meeting and took a decision that since the vehicles used by the B.S.F.C. contractors are installed with GPS and their handling charges are relatively less and they have fair price shop instituted in every place, grains to be lifted/distributed Patna High Court CWJC No.8807 of 2022 dt.11-10-2022 26/47 under the P.M. Poshan Yojna would be executed through the B.S.F.C. contractors so that consistency may be maintained. The said decision was taken under the signature of the Additional Chief Secretary-cum-Chairman, Bihar State Mid-Day Meal Committee.
8. In view of the aforesaid decision dated 25.03.2022, again, on 28.03.2022, a meeting of the Bihar State Mid-Day Meal Committee was held under the chairmanship of Chief Secretary, Bihar in presence of the Additional Chief Secretary, Education Department along with other officials and it was decided that since the vehicles used by the B.S.F.C. are installed with GPS system and their handling charges are less, grains to be lifted/distributed under the P.M. Poshan Yojna would be executed through B.S.F.C. contractors. It was further decided that the last-date for commencement of lifting and distribution of food grains under the P.M. Poshan Yojna through the contractors of B.S.F.C. is fixed as 30.06.2022.
9. Consequently, an order dated 09.05.2022 under the signature of the Additional Chief Secretary, Education Department, Government of Bihar was issued stating therein that pursuant to the decision dated 25.03.2022 of the Bihar State Mid- Day Meal Committee, it has been resolved that from 01.06.2022 lifting and distribution of grain under the P.M. PoshanYojna would Patna High Court CWJC No.8807 of 2022 dt.11-10-2022 27/47 be carried out from the contractors of the B.S.F.C. It was also resolved that the agreements executed with the petitioners in these cases and similarly situated persons would be terminated by 30.05.2022. Pursuant to the aforesaid decisions taken by the respondent authorities, the agreements entered into with the petitioners in these cases and similarly situated Mid-Day Meal contractors were terminated.
10. Being aggrieved by the action of the respondents in taking work from the contractors of B.S.F.C., the petitioners have filed these writ petitions.
11. Mr. Y.V. Giri, learned senior counsel appearing in CWJC No. 8807 of 2022, CWJC No. 6489 of 2022 and CWJC No. 9650 of 2022 being assisted by Ms Shristi Singh, learned counsel, has made the lead argument on behalf of the petitioners. He contended that the agreements were executed with the petitioners for a period of two years clearly stipulating the grounds on which they could be terminated, but the same have been terminated unilaterally by the respondents arbitrarily. He submitted that among others, negligence or inaction on the part of the contractor in carrying out the work or unsatisfactory execution of work was the ground on which the agreement entered into between the parties could have been terminated. He contended that in terms of Patna High Court CWJC No.8807 of 2022 dt.11-10-2022 28/47 the NIT one of the essential conditions was that for 15 Panchayats under one Block, 5 tractors/pick-up/other small vehicles and for more than 15 Panchayats, 8 tractors/pick-up/other small vehicles should be available with the contractor at the time of agreement. Another essential condition for being eligible to participate in the NIT was that two vehicles must be registered in the name of the tenderer. For demonstrating the availability of remaining vehicles, the tenderer was required to furnish corresponding agreement executed by the owners of the vehicles permitting use for lifting grains. He submitted that most of the petitioners have made substantial investments towards purchase of vehicles for being successful tenderer. Some of the petitioners took loan against the purchase of vehicles from different banks/financial institutions. Therefore, they have altered their position in terms of the NIT published by the Bihar State Mid-Day Meal Committee.
12. Mr. Giri, learned senior counsel contended that once the contract had been concluded, the respondents were precluded from unilaterally terminating it especially when the petitioners acting on that promise had altered their position. He submitted that in terms of the NIT the petitioners have deposited security deposit of Rs.50,000/-. He argued that once the State is a party to a Patna High Court CWJC No.8807 of 2022 dt.11-10-2022 29/47 contract, it has obligation in law to act fairly, justly and reasonably, which is the requirement of Article 14 of the Constitution of India.
13. Mr. Giri, learned senior counsel further argued that there is no rational decision in prematurely ending the agreements, which has a serious impact on the petitioners. In fact, the decision has such a harsh consequence that due to premature termination of the agreement, the petitioners would not be in a position to repay the EMI as well as principal amount on which the vehicles had been purchased causing them great and irreparable injustice. He urged that the petitioners are ready to install GPS system in their vehicles.
14. Mr. Giri, learned senior counsel further contended that in so far as the lesser handling charges is concerned, the price has been fixed by the State Mid-Day Meal Committee at the rate of Rs.40/- per quintal and, thus, the basis for taking decision in the name of lesser handling charges is unjustified. Lastly, he contended that no cogent reason for taking decision for ending the agreement on or before 30.05.2022 has been assigned in the decision for distributing the grains of P.M. Poshan Yojna through the contractors of B.S.F.C. and the impugned action on the part of the respondents is violative of the principle of natural justice as no opportunity has been granted to the petitioners to present their case Patna High Court CWJC No.8807 of 2022 dt.11-10-2022 30/47 before the authorities while taking decision of prematurely ending the contract. According to him, the impugned orders suffer from the vice of arbitrariness, irrationality, unreasonableness, bias and malafide.
15. Learned counsel for the petitioners in other cases have either reiterated or adopted the arguments advanced by Mr. Y.V. Giri, learned senior counsel.
16. Countering the submissions advanced on behalf of the petitioners, Mr. Girijish Kumar, learned counsel for the respondent nos. 3 and 4 submitted that the decision taken in the impugned orders has already been implemented and the transportation of food grains is being carried out by the concerned Door Step Delivery Agents of the B.S.F.C. with effect from 01.06.2022 save and except the contractors working in 25 Blocks of six districts in view of the order of interim status quo dated 17.05.2022 passed by this Court in CWJC No. 6489 of 2022 wherein there are 25 petitioners. He contended that the aforesaid policy decision to entrust the transportation of food grain sunder the P.M. Poshan Yojna to the Door Step Delivery Agent of the B.S.F.C. from the existing contractors appointed by the concerned District Level Selection Committee, Mid-Day Meal Scheme has been taken to safeguard the transportation of food grains, stop the Patna High Court CWJC No.8807 of 2022 dt.11-10-2022 31/47 pilferage, use the infrastructure already working in the B.S.F.C. for monitoring the transportation and the amount incurred in transportation being lesser than what was being spent earlier. He submitted that the process of delivering food grains to the respective schools have been periodically reviewed and necessary changes were brought in the interest of the scheme. Despite periodic changes brought in the process of delivery of food grain,s several complaints were being received from different quarter either related with delayed delivery or pilferage of food grain or less quantity of food grains being received, etc. In the process of effective and efficient distribution of food grains, the State Government examined the process of transportation and handling done by the B.S.F.C. from its godown to the different PDS dealers. The State found that the B.S.F.C. has well established infrastructure to deliver food grain from the godown of the B.S.F.C. to the PDS dealers. The B.S.F.C. has up-to-date monitoring system installed at their headquarter, which monitors each vehicle transporting the food grains from the B.S.F.C. Each vehicle used for transporting food grains in the B.S.F.C. is equipped not only with GPS system but load cell also. Hence, the B.S.F.C. not only monitors the movement of the vehicle but also monitors the load it carries, 7which minimizes the pilferage of Patna High Court CWJC No.8807 of 2022 dt.11-10-2022 32/47 food grain and ensures the delivery of actual quantity to the destination. In this view of the matter, the proposal for entrusting the delivery of food grain to the store of respective schools by the Door Step Delivery Agent has been initiated and a deliberation was made with the officers of the B.S.F.C. in this regard. He submitted that it was noticed that there was no need to establish a separate monitoring system for the Mid-Day Meal contractors as similar system had already been working in the B.S.F.C. A query was made from the B.S.F.C. in this regard and the B.S.F.C., vide letter dated 07.05.2021 replied positively to the query made and agreed that the Door Step Delivery Agent can be assigned the work of transporting the food grains to the store of different schools and the cost of transportation incurred in the delivery would be same as fixed for delivering food grains to the different PDS dealers, i.e. Rs.38.40 per quintal, which is less than Rs.40/- as fixed for Mid-Day Meal contractors like the petitioners. He submitted that the impugned orders do not suffer from the vice of arbitrariness, irrationality, unreasonableness, bias and malafide. The purpose is to protect public interest. He argued that there is no evidence that the petitioners altered their position pursuant to the agreement. He contended that the agreement would clearly demonstrate that the petitioners do not have any legal right to Patna High Court CWJC No.8807 of 2022 dt.11-10-2022 33/47 transport the food grain from one destination to another. The agreement would suggest that they were merely empanelled contractors by the respondents. Mere empanelment does not confer any right to the petitioners to uplift and distribute the food grains under the scheme to the respective schools. He contended that according to the terms of the agreement, the contractors were to transport the food grains between 22nd and 30th day of each month only after getting SIO. Moreover, the agreement also contains a clause that the contractors will have to install GPS system in the vehicles, which would be used for transporting the food grains from the godown to the schools, but the said condition was not followed by the contractors. He submitted that the power of judicial review should not be invoked as the decision taken by the respondents is in public interest. In support of his submissions, he has placed reliance on the decision of the Supreme Court in Jagdish Mandal Vs. State of Orissa & Ors. [(2007) 14 SCC 517].
17. Mr. Vikash Kumar, learned counsel appearing for the State while adopting the submissions made on behalf of the respondent nos. 3 and 4, produced a copy of the guidelines under the National Program of Nutritional Support to Primary Education, 2006 issued by the Ministry of Human Resources Development (Department of School Education and Literacy) and relied upon its Patna High Court CWJC No.8807 of 2022 dt.11-10-2022 34/47 clause 3.8 to support the contention that the decision has been taken in terms of the guidelines issued by the Central Government. He submitted that though the guidelines were issued in 2006 in public interest, the same was not being implemented, but by taking a decision to distribute the grains under P.M. Poshan Yojna through BSFC, the policy has been implemented. He submitted that the writ petitions would not be maintainable as it relates to contractual matter and in case the petitioners have suffered any injury due to the cancellation of the agreements, it is a pure and simple case of breach of contract, which may be adjudicated by way of filing a proper suit.
18. In reply, Mr. Y.V. Giri, learned senior counsel for the petitioners submitted that the arguments advanced on behalf of the respondents that the petitioners do not have any legal right and are merely empanelled is flawed and distorted interpretation of the agreement. He contended that no document in support of such empanelment has been brought on record by the respondent authorities and unsubstantiated and uncorroborated arguments have been made to mislead the Court. He argued that as a matter of fact, the agreements would lead to an unambiguous inference that the process was undertaken by the Government to select one contractor for each block and there is no mention of empanelling Patna High Court CWJC No.8807 of 2022 dt.11-10-2022 35/47 separate contractors for each block or even the concerned district. He contended that there is vested right in the petitioners for execution of work for a full period of two years as the distribution of grains has to be undertaken by the contractors between 22nd and 30th day of every month. He submitted that when the State is a party to a contract, it has an obligation in law to act fairly, justly and reasonably and alternative remedy would not be a bar where there is failure of principle of natural justice. In support of his submissions, he has placed reliance on the decisions of the Supreme Court in Food Corporation of India & Anr. Vs. Seil Ltd. & Ors. [(2008) 3 SCC 440], Popcorn Entertainment & Anr. Vs. City Industrial Development Corporation & Anr. [(2007) 9 SCC 593] and UP Tower Transmission Corporation Ltd. Vs. CG Power & Industrial Solutions Ltd. [(2021) 6 SCC 15].
19. We have heard learned counsel for the parties and carefully perused the record.
20. It is an admitted and undisputed fact that the agreements in question were entered into between the parties for a period of two years. An argument has been advanced on behalf of the respondents that the petitioners are merely empanelled contractors. In this regard, Mr. Giri, learned senior counsel for the petitioners has rightly argued that such argument cannot be Patna High Court CWJC No.8807 of 2022 dt.11-10-2022 36/47 accepted for the simple reason that no document in support of such empanelment has been brought on record by the respondent authorities and a perusal of the NIT and the agreements would lead to an unambiguous inference that the entire process was taken by the Government to select only one contractor for each block and there is no mention of empanelling contractor for each block or even the concerned district. There is no any whisper of the term panel contractors.
21. However, it would be evident from perusal of the agreement entered into between the parties that there was no guarantee in terms of the agreement to take work from them. In terms of the agreement, the distribution of grains had to be undertaken by the contractors on issuance of SIO between 22nd and 30th day of every month. That would mean that unless an SIO is issued for transporting grains from the godown to the respective schools, the contractors could not transport grains to the respective schools. Thus, it cannot be said that by entering into an agreement, the contractors had earned any vested right to transport or distribute grains to the respective schools. We are of the opinion that even if the agreement would not have been cancelled, the respondents were free to award the work of lifting and distribution of food grains to any other agency. The impugned orders would Patna High Court CWJC No.8807 of 2022 dt.11-10-2022 37/47 suggest that the decision to cancel the agreements and award the work of lifting and transportation of food grains to B.S.F.C. agents was taken primarily because the vehicles used by the B.S.F.C. were installed with GPS system and their handling charges were relatively less.
22. It has been stated in the counter affidavit filed on behalf of the respondent nos. 3 and 4 that each vehicle used for transportation for B.S.F.C. is equipped not only with GPS system but load cell also, which helps B.S.F.C. in monitoring the movement of the vehicle as well as the load it carries and it minimizes the pilferage of the grain and ensure delivery of actual quantity to the destination. On examination of the agreements entered into between the parties, we find that it was specifically stipulated in the agreements that the vehicles used for transportation and distribution of grains by the contractors will have necessarily to be equipped with GPS system. It is true that no show cause was ever asked from the petitioners as to why they were using their vehicles for transportation which were not equipped with GPS system, but when this question was raised by the court in the course of argument, Mr. Giri, learned senior counsel for the petitioners expressed his willingness that if so required the petitioners are also ready to install GPS system in Patna High Court CWJC No.8807 of 2022 dt.11-10-2022 38/47 their respective vehicles. This would clearly mean that the petitioners admit that the vehicles being used by them for lifting and transporting the grains under the scheme were not equipped with GPS system. Under such circumstance, we are of the opinion that even if no show cause was asked from the petitioners by the respondents, remanding the matter back to the respondent authorities on the ground of violation of the principles of natural justice would be an empty formality. It is an admitted position that the petitioners themselves have violated the terms of the agreement.
23. We are of the opinion that if the respondents have taken a decision to protect the public interest and use the vehicles being used by the B.S.F.C. in which monitoring system has already been installed, it would not be proper for this Court to invoke its power of judicial review to protect the private interest.
24. In this regard, the respondents have rightly placed their reliance on the decision of the Supreme Court in Jagdish Mandal (Supra) wherein the Supreme Court has held as under:
"Judicial review of administrative action is intended to prevent arbitrariness, irrationality, unreasonableness, bias and malafides. Its purpose is to check whether choice or decision is made 'lawfully' and not to check whether choice or decision is 'sound'. When the power of judicial Patna High Court CWJC No.8807 of 2022 dt.11-10-2022 39/47 review is invoked in matters relating to tenders or award of contracts, certain special features should be borne in mind. A contract is a commercial transaction. Evaluating tenders and awarding contracts are essentially commercial functions. Principles of equity and natural justice stay at a distance. If the decision relating to award of contract is bona fide and is in public interest, courts will not, in exercise of power of judicial review, interfere even if a procedural aberration or error in assessment or prejudice to a tenderer, is made out. The power of judicial review will not be permitted to be invoked to protect private interest at the cost of public interest, or to decide contractual disputes. The tenderer or contractor with a grievance can always seek damages in a civil court. Attempts by unsuccessful tenderers with imaginary grievances, wounded pride and business rivalry, to make mountains out of molehills of some technical/procedural violation or some prejudice to self, and persuade courts to interfere by exercising power of judicial review, should be resisted. Such interferences, either interim or final, may hold up public works for years, or delay relief and succour to thousands and millions and may increase the project cost manifold. Therefore, a court before interfering in tender or contractual matters in exercise of Patna High Court CWJC No.8807 of 2022 dt.11-10-2022 40/47 power of judicial review, should pose to itself the following questions :
(i) Whether the process adopted or decision made by the authority is mala fide or intended to favour someone.
OR Whether the process adopted or decision made is so arbitrary and irrational that the court can say : 'the decision is such that no responsible authority acting reasonably and in accordance with relevant law could have reached.'
ii) Whether public interest is affected.
If the answers are in the negative, there should be no interference under Article 226. Cases involving black-listing or imposition of penal consequences on a tenderer/contractor or distribution of state largesse (allotment of sites/shops, grant of licences, dealerships and franchises) stand on a different footing as they may require a higher degree of fairness in action."
25. In the instant case, it is reiterated that it is an admitted position that the despite there being a provision in the agreement for installing GPS system, the petitioners did not install GPS system in the vehicles being used by them for the transportation work. The procedural irregularities of non-issuance of show cause in this regard would be inconsequential in view of Patna High Court CWJC No.8807 of 2022 dt.11-10-2022 41/47 their admission in the course of argument that they are still ready to install GPS system in the vehicles being used by them for transportation and distribution of food grain.
26. It has rightly been submitted on behalf of the respondents that the impugned decision would not only save public money but it would also ensure protection of pilferage of food grains and would further ensure delivery of actual quantity of food grains to the store of the respective schools. Moreover, it is not a case where the impugned decision has been taken in favour of any particular person or persons. The action of the respondents appears to be bonafide and in public interest and in view of the ratio of the judgement of theSupreme Court in Jagdish Mandal (Supra), we are of the opinion that it would not be proper for this Court to would not exercise its power of judicial review to protect private interest at the cost of public interest or decide contractual disputes.
27. Furthermore, the policy decision under the National Program of Nutritional Support to Primary Education, 2006 justifies the action of the respondents. Clause 3.8 of the said policy decision reads as under :-
"3.8 Nodal Agency/Agencies for transportation of food grains:
Transportation of food grains from nearest FCI depot to each Primary School/EGS-AIE Centre is Patna High Court CWJC No.8807 of 2022 dt.11-10-2022 42/47 a major logistical responsibility. State Government will be expected to make arrangements in this regard in the following manner:-
(i) Wherever appropriate, a single Govt./Semi-Government agency with State wide jurisdiction and net work, e.g. State Civil Supplies Corporation, may be designated as the State Nodal Transport Agency. This Agency will be responsible for lifting food grains from FCI godowns and delivering them to designated authority at the taluk/block level. State Government will also need to make fool- proof arrangements to ensure that the food grains are carried fromthe taluk/block level to each school, etc., in a timely manner.
(ii) Alternatively, District/ Taluks
Panchayats may be assigned the
responsibility for different districts/ taluks or groups of districts/taluks in the State."
28. It is settled law that an interference with the policy decision would not be warranted unless it is found that the policy decision is palpably arbitrary, malafide, irrational or violative of the statutory provisions. In the instant case, the decision to transport the food grains by the Door Step Delivery Agents of the B.S.F.C. is a policy decision which is neither arbitrary nor Patna High Court CWJC No.8807 of 2022 dt.11-10-2022 43/47 malafide nor irrational. It is also not violative of any statutory provisions. The impugned decision has been taken by the respondents to check pilferage of food grains under the scheme. Hence, we are of the opinion that it would not be proper to interfere with the policy decision of the State Government, which is in larger public interest.
29. In APM Terminals B.V. vs. Union of India and another [(2011) 6 SCC 756], the Supreme Court observed as under :-
"It has been the consistent view of this Court that a change in policy by the Government can have an overriding effect over private treaties between the Government and a private party, if the same was in the general public interest and provided such change in policy was guided by reason. Several decisions have been cited by the parties in this regard in the context of preventing private monopolisation of port activities to an extent where such private player would assume a dominant position which would enable them to control not only the berthing of ships but the tariff for use of the port facilities."
30. Recently, in Yamuna Expressway Industrial Development Authority etc. Vs. Shakuntla Education and Welfare Society & Ors. etc. [2022 SCC OnLine SC 655], the Patna High Court CWJC No.8807 of 2022 dt.11-10-2022 44/47 Supreme Court reiterated that change in policy by the Government, if guided by reason and done in public interest, would prevail over the private agreement entered into between the Government and private parties. The Court held "... it is more than settled that a change in policy by the Government can have an overriding effect over private treaties between the Government and a private party, if the same was in the general public interest. The additional requirement is that such change in policy is required to be guided by reason". In the instant case, we are of the opinion that sufficient reason has been assigned by the respondents for the change in policy of transportation of food grains under the scheme. Hence, the change in policy by the Government will have an overriding effect over private agreement between the concerned Government authorities and the respective petitioners.
31. It is true that the policy is of year 2006 and the respondent authorities being aware of it for more than 16 years did not follow it. From perusal of Clause 3.8 of the policy, it would be evident that the impugned orders are in consonance with the direction contained in the policy with respect to the role of the State Food and Civil Supplies Corporations in lifting of grain from the godown and delivering it to respective schools. The impugned action on the part of the respondents cannot be held to be bad Patna High Court CWJC No.8807 of 2022 dt.11-10-2022 45/47 simply for the reason that the said policy is being implemented after 16 years.
32. In the instant case, we reiterate that the decision taken by the State Government to carry out transportation of food grains by the Door Step Delivery Agents of the B.S.F.C. was in public interest with sound reasoning. The doctrine of promissory estoppel or legitimate expectation cannot prevail over the policy introduced by the Government, which does not suffer from any perversity, unfairness or unreasonableness or it does not violate any fundamental or enforceable right vested in the petitioners.
33. The petitioners have relied upon the decisions of the Supreme Court in Food Corporation of India & Anr. Vs. Seil Ltd. & Ors. (Supra), Popcorn Entertainment & Anr. Vs. City Industrial Development Corporation & Anr. (Supra) and UP Tower Transmission Corporation Ltd. Vs. CG Power & Industrial Solutions Ltd. (Supra) while contending that once the State is a party to a contract, it has obligation in law to act justly and reasonably and if the action is illegal and without jurisdiction and the principle of natural justice has been violated, the Court should interfere in the matter and under such circumstances, availability of alternative remedy would not be a bar. There is no dispute with the aforesaid proposition of law enunciated by the Patna High Court CWJC No.8807 of 2022 dt.11-10-2022 46/47 Supreme Court in the aforesaid decision. However, the facts of the present case are quite distinguishable. Hence, we find that the impugned decision has been taken by the respondent authorities in public interest. We further find that the impugned decision is neither malafide nor arbitrary rather the same has been taken to ensure stoppage of pilferage of food grains and further to ensure delivery of actual quantity of food grains to the store of the respective schools for providing Mid-Day Meal to the deserving children. We are also of the opinion that the petitioners cannot take plea of violation of principle of natural justice and guarantee under Article 14 of the Constitution of India as it is an admitted position that they themselves have breached the terms of the agreement by not using the vehicles for transportation and distribution of food grain equipped with GPS system.
34. Under such circumstance, we are of the opinion that the petitioners cannot be allowed to take the shelter of the decisions of the Supreme Court to cover their own illegality. We are also of the opinion that the law laid down by the Supreme Court in Jagdish Mandal (Supra), APM Terminals (Supra) and Yamuna Expressway Industrial Development Authority (Supra) squarely covers the facts of the present case.
Patna High Court CWJC No.8807 of 2022 dt.11-10-2022 47/47
35. We see no merit in these applications. They are dismissed, accordingly.
(Ashwani Kumar Singh, J) ( Shailendra Singh, J) Pradeep/-
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