IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.361 of 2005 M/s Kanhaiya Lal through its proprietor Kanhaiya Lal, S/o Late Parshuram Prasad, R/o Village-Bari Bazar, P.S. + District- Gopalganj. ….. Petitioner. Versus 1. The Senior Regional Manager, Food Corporation of India, Exhibition Road (Chowraha), Bihar, Patna. 2. The Regional Manager, Food Corporation of India, Exhibition Road (Chowraha), Bihar, Patna. 3. The Deputy Manager (Q.C.), Regional officer, Patna. 4. The District Manager, Food Corporation of India Back of Emarat Building, , Exhibition Road , Bihar, Patna. 5. The State of Bihar. ………. Respondents. For the petitioner : Mr. Prabhakar Tekriwal, Advocate. Mr. A.K.Pandey, Advocate. For the F.C.I. : Mr. P.K.Verma. ----------- 2. 03.01.2011 1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for directing the authorities either to pay or to adjust the security money of Rs. 79,900/- along with statutory interest deposited by the petitioner on 28.09.2002 in connection with sanction letter dated 21.09.2002 issued by the Food Corporation of India (Regional Office, Patna) in terms of the earlier tender for purchasing U.R.S. category of rice and to pay or adjust the excess interest recovered from the petitioner for 13 days labour strike period, the 45 days of decision taking period regarding reducement of rate of interest from 13.3% to 11.5% in connection with the sanction letter dated 19.12.2002 regarding lifting of ‘D’ category rice and the interest recovered from the petitioner excessively after - 2 - expiry of 90 days and also for directing the respondent authorities to declare the rice of Farbisganj as damaged rice and accordingly, to return the difference amount to the petitioner deposited by him at the rate of Rs. 430/- per quintal instead of Rs. 261/- per quintal. 3. It transpires that petitioner had earlier moved this court by filing CWJC No. 8890/03 and while considering the matter on 02.07.2004 (Annexue-9) it was observed that having realised the fact that the present matter is purely contractual matter and depended upon the terms of the contract, learned counsel for the petitioner had rightly sought permission to withdraw the writ petition with a liberty to move the authority concerned for redressal of his grievance, if any. Accordingly, the said writ petition was permitted to be withdrawn with the aforesaid liberty making it clear that withdrawal of the writ petition shall not in any manner prejudice the case of the petitioner. It further transpires that in compliance of the aforesaid order of this court, the petitioner filed an application dated 05.08.2004(Annexure-10) for redressal of his grievance, but although several months had lapsed no order was passed by the authority namely Senior Regional Manager, Food corporation of India, Bihar Region, Patna on the said application and till date none of the parties had claimed that the said application has been disposed of. 4. In the said circumstances, this writ petition is disposed of with direction to the above named Senior Regional Manager (Respondent No. 1) to dispose of the said application filed by the - 3 - petitioner within two months from the date of receipt/production of a copy of this order in accordance with law without being prejudiced by this order. Sujit (S. N. Hussain, J.)