RAJESH TRADING COMPANY Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the circumstances of this application and in view of the fact that the matter has been languishing since 1984, we felt that the matters should be heard and disposed of with the consent of the parties, at the admission stage itself. Consequently, adequate opportunity was granted to the State and other opposite party to file a counter affidavit, if any, which was filed only by Respondent No. 2. The matter has thus been heard and is being disposed of.

(2.) The petitioner firm seeks the protection of this Court against what has been described by it, as a completely illegal and unwarranted action of Respondent No. 2, the consequence of which is that it has suffered a heavy pecuniary loss and obstruction in its day to day business. The petitioner in response to the notice inviting tenders issued by the Bihar State Cooperative Marketing Union Limited (BISCOMAUN) for supply of gram seeds and peas seeds, submitted its offer which was accepted and contract was entered into between the petitioner and the BISCOMAUN and the petitioner was ordered for supply of 2000 quintals of gram seeds and 450 quintals of peas seeds by the BISCOMAUN by their letter dated 30 -9 -1984 (Annexure 1). In pursuance of this contract, over 1100 quintals of gram seeds is said to have been supplied to the BISCOMAUN and accepted and only 968.90 quintals remained to be supplied. These gram seeds, according to the petitioner, were purchased from various places in Uttar Pradesh and were being packed in bags of sizes and in the manner prescribed by the BISCOMAUN. While they were lying in the godown of the petitioner firm awaiting their delivery to BISCOMAUN, the premises of the petitioner was raided by the authorities of the Supply Department on 28 -10 -1984 and the entire stock of 968.90 quintals of gram seeds were seized on the allegation that they were not suitable for seeds and the supply amounted to violation of the Bihar Foodgrains Dealers' Licensing Order, Usual steps then followed and criminal prosecution was launched and a confiscation proceeding was initiated against the petitioner firm.

(3.) In the midst of the confiscation proceeding, the petitioner firm moved this Court in C.W.J.C. 258 of 1984 which was disposed of by a Bench of this Court constituted by Hon'ble Nagendra Prasad Singh and Hon'ble P. B. Prasad, JJ. on 14 -12.1984 with the following observations : -