IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6199 of 2010 AMAR ANAND S/O SRI BIRENDRA PRASAD SINGH R/O VILL.- KENOLIYA, P.O.- LAKHPURA, P.S.- BARAHAR, DISTT.- BANKA Versus 1. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE, BANKA 2. THE DISTRICT MAGISTRATE, BANKA 3. THE DISTRICT SUPPLY OFFICER, BANKA 4. THE SUB DIVISIONAL OFFICER, BANKA 5. BIHAR STATE FOOD & CIVIL SUPPLY CORPORATION LTD. SONE BHAWAN, 5TH FLOOR, BIR CHAND PATEL PATH, PATNA-800001 6. THE MANAGING DIRECTOR BIHAR STATE FOOD & CIVIL SUPPLY CORPORATION LTD., SONE BHAWAN, 5TH FLOOR, BIR CHAND PATEL PATH, PATNA-800001 7. THE CHIEF PROCTER BIHAR STATE FOOD & CIVIL SUPPLY CORPORATION LTD., SONE BHAWAN, BIRCHAND PATEL PATH, PATNA 8. THE DISTRICT MANAGER BIHAR STATE FOOD & CIVIL SUPPLY CORPORATION LTD., BHAGALPUR 9. CHAIRMAN-CUM-DISTRICT MAGISTRATE DISTRICT TRANSPORT COMMITTEE, BIHAR STATE FOOD & CIVIL SUPPLY CORPORATION LTD., BANKA ----------- For the petitioner : Mr. Sanjeet Kumar. For the State : G.A. 6. For the Corporation: Mr. R S Pradhan, Sr. Advocate & Dheeraj Kumar Roy. -------- 02. 13.04.2010 The writ application can be disposed of on a limited ground taking into consideration the communication of the Managing Director of the Bihar State Food & Civil Supplies Corporation Limited, which is Anneuxre-6 to the writ application. The Managing Director has very categorically directed the District Magistrate cum Chairman, District Transport Committee, Banka to make their recommendation. The District Magistrate has recorded certain objections in Annexure-7 which, this Court holds, seems to be misplaced. 2 Since the District Transport Committee is only the recommending authority and final decision is to be taken by the higher authority, let the District Transport Committee make their recommendation and leave it to the wisdom of the higher authority to take final decision. The writ application is disposed of with a direction upon the District Magistrate, Banka acting as a Chairman of District Transport Committee to comply with the direction contained in Anneuxre-6 ignoring Annexure-7 dated 25th March, 2010. Let a decision be communicated within a period of four weeks from the date of communication/production of a copy of this order. rkp ( Ajay Kumar Tripathi, J )