WP(C) 4023/2001 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. N. Choudhury, learned counsel for the petition er and Mr. G. Soren, learned State Counsel appearing for the respondents. The petitioner, by the present petition, has challenged the communication dated 26-04-2001 issued by the Child Development Project Offic er (CDPO), Katigorah ICDS Project informing the petitioner that as per the repor t of the Food Inspector after reprocessing the food stuff, it cannot be consumed without the heat treatment and, therefore, requested the petitioner to withdraw the substandard food stuff immediately from the office godown without further d elay. The petitioner, who is the proprietor of M/s Mahananda B handar, was appointed as handling agent of Barak Valley area by the respondent N o.5 and accordingly entered into an agreement on 18-10-2000. Under the said ag reement, the petitioner is required to supply good food stuff to the Department. According to the petitioner, on 20-12-2000 he submitted the samples, as request ed by the respondent No.5, and such samples having been passed, the food stuff, i.e. Bengal Gram, were supplied. It is the contention of the petitioner that th e CDPO subsequently issued the impugned communication asking the petitioner to w ithdraw the food stuff, which is meant for the children under the Scheme, as nec essary re-process and heating were not done by the petitioner as required by the Food Inspector. Such communication has been challenged in the present writ proc eeding. It appears from the pleadings of the writ petitioner as well as the report submitted by the Food Inspector that there were some dispute relating to the standard of the food stuff made available by the petitioner. Ke eping in view the fact that such food supplied are for consumption of the childr en, this Court vide order dated 13-06-2001 had directed the Deputy Commissioner, Cachar at Silchar to verify the state of the food stuff and to determine the fi tness of the food stuff for human consumption and to submit a report. The Deputy Commissioner, Cachar at Silchar pursuant to t he said order submitted a report to the Registry of this Court on 14-09-2001 enc losing therewith the report of the Food Inspector dated 03-09-2001. From the sai d report, it appears that the food stuff is not at all fit for human consumption . Since the food stuff, which were made available by the p etitioner was not found to be fit for human consumption, no illegality has been committed by the CDPO by issuing the impugned communication and hence the writ p etition stands dismissed. However, it would not preclude the petitioner from app roaching the Civil Court for damage, if they have suffered any damages and subje ct to the law of limitation. No cost.