Patna High Court - Orders
Basant Kumar Choudhary & Ors vs The State Of Bihar & Ors on 5 January, 2015
Author: Chief Justice
Bench: Chief Justice
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11915 of 2014
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1. Basant Kumar Choudhary, son of Late Hemant Kumar Choudhary,
resident of 5D/6, North Srikrishnapuri, Behind Rajesh Petrol Pump, P.S.-
Srikrishnapuri, Patna
2. Umesh Sharma, S/o Late Jadu Sharma, resident of village- Mustafapur,
P.O.- Bhakhari, P.S.- Dhanarua, District- Patna
3. Arun Das, S/o Late Ganesh Lal Das, resident of Anuj Sadan, Shiv Nagar
(Near R.S. Godown), Harnichak, Patna- 800002
.... .... Petitioners
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna
2. The Principal Secretary, Department of Animal Husbandry and
Fisheries, Govt. of Bihar, Patna
3. The Managing Director, Bihar State Milk Cooperative Federation Ltd.,
Bihar, Patna
4. The Accountant General, Birchand Patel Path, Bihar, Patna
5. The Director General, Vigilance, Govt. of Bihar, 6, Mangles Road, Patna-
800001
6. The Director, C.B.I., C.G.O. Complex, New Delhi
7. Joya Dairy through its Managing Director, Moradabad, U.P.
.... .... Respondents
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Appearance :
For the Petitioners : Mr. Basant Kumar Choudhary (in person),
Sr. Adv.
Mr. Arvind Kumar, Advocate
Mr. Arun Kumar, Advocate
For the Respondents : Mr. Devendra Kumar Sinha, AAG-2
Mr. Rajiv Ranjan Prasad, Adv.
Mr. Alok Kr. Rahi, A.C. to AAG-2
Mr. Bipin Kr. Sinha, S.C., C.B.I.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE I. A. ANSARI
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 05-01-2015While the 1st petitioner is appearing party in person, petitioner Nos.2 and 3 are represented by their counsel. When we pointed out that such a course cannot be permitted, learned counsel for the petitioner Nos.2 Patna High Court CWJC No.11915 of 2014 (2) dt.05-01-2015 2/5 and 3 sought permission from the Court to withdraw the writ petition so far as it concerns his clients, without prejudice to their right to pursue the remedy in accordance with law.
Permission is accorded.
This writ petition is dismissed as withdrawn, in so far as it relates to petitioner Nos.2 and 3.
The sole petitioner is a practicing advocate and has taken active part in espousing various issues of public interest. In para 3 of the writ petition he has enlisted the instances of his raising issues of public interest.
This writ petition is filed as a Public Interest Litigation with a prayer to issue a writ of mandamus to the Accountant General, Bihar, to enquire into the various transactions between the COMFED, 3rd respondent, on the one hand and M/s Joya Dairy, Moradabad, Uttar Pradesh, 2nd respondent, on the other.
The principal allegation of the petitioners is that though the 3rd respondent procured milk at the rate of Rs.26.36/litre, it supplied the same to 2nd respondent at the rate of Rs.25/litre. Our attention is also drawn to the various reports submitted by the authorities of the Patna High Court CWJC No.11915 of 2014 (2) dt.05-01-2015 3/5 State, that have enquired into the matter. The petitioner wants this Court to direct enquiry by the vigilance agencies of the Government into the business affairs between the 2nd respondent and the 3rd respondent.
The allegations have been denied in the counter affidavit as being false and concocted. It is stated that the supply of milk by the 3rd respondent to various agencies was mainly for the purpose of converting it into the powder and other milk products for sale in the open market and the allegation that the milk was sold at the rate of Rs.25/litre is not correct. The nature of activity undertaken by the 3rd respondent to compete with other business institutions in the field, is also furnished in detail in the counter affidavit.
Heard the petitioner who has appeared in person and learned counsel for the respondents.
In support of the allegation that the 3rd respondent sold milk at the rate of Rs.25/litre to the 2nd respondent, the petitioner has enclosed certain documents. In the counter affidavit, the 3rd respondent clearly stated that the milk was supplied to the said agency only for the purposes of conversion of milk into other milk products so that they can be sold in the open Patna High Court CWJC No.11915 of 2014 (2) dt.05-01-2015 4/5 market. The petitioners did not file any reply to that.
Had it been a case where the milk was sold at Rs.25/litre as against the procurement price of Rs.26.36/litre, it would have certainly called for stern action against the concerned. Once it is pleaded by the 3rd respondent, and not denied by the petitioners, that the supply of milk to M/s. Joya Dairy, Moradabad, Uttar Pradesh, i.e. the 2nd respondent, was only for conversion into milk products, we find it difficult to accept the contention of the petitioner.
Another contention of the petitioner is that the supply of milk was made in absence of any valid agreement. However, he is silent on what agreement is required for such supply, which authority regulates the activities of the 3rd respondent or the provision of law which can be said to have been violated.
We make it clear that if the 3rd respondent undertakes any activities in violation of or contrary to the interests of milk suppliers, who are farmers, the petitioner can certainly bring it to the notice of the authorities concerned and they, in turn, shall examine the same in accordance with law.
The writ petition is accordingly disposed of. Patna High Court CWJC No.11915 of 2014 (2) dt.05-01-2015 5/5
Interlocutory application, if any, stands disposed of.
There shall be no order as to costs.
(L. Narasimha Reddy,CJ) (I. A. Ansari, J) K.C.jha/-
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