Patna High Court
Kundan Kumar vs The Managing Director on 5 March, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL REVIEW No.133 of 2023
In
Civil Writ Jurisdiction Case No.13574 of 2022
======================================================
Kundan Kumar, S/o Late Chandra Bhushan Singh, Resident of Village- Saidi,
Post- Badi, P.S.- Katarisarai, District- Nalanda.
... ... Petitioner
Versus
1. The Managing Director, Bihar State Food and Civil Supply Corporation Ltd.
Bihar, Patna.
2. The District Manager, Bihar State Food and Civil Supply Corporation Ltd.,
Sheikhpura.
3. The Chief Finance Officer, Bihar State Food and Civil Supply Corporation
Ltd. Bihar, Patna.
4. Mostt. Nirmala Devi W/o Late Chandra Bhushan Singh, Resident of Village-
Saidi, Post- Badi, P.S.- Katarisarai, District- Nalanda.
... ... Opposite Parties
======================================================
with
Civil Writ Jurisdiction Case No. 3949 of 2023
======================================================
Nirmala Devi, Wife of Chandra Bhushan Singh, Resident of Village- Saidi,
Post-Wadi, P.S.-Katrisarai, District-Nalanda.
... ... Petitioner
Versus
1. The Managing Director, Bihar State Food and Civil Supply Corporation
Limited, Bihar, Patna.
2. The District Manager, Bihar State Food and Civil Supply Corporation
Limited, Lakhisarai (Bihar).
3. The Chief Finance Officer, Bihar State Food and Civil Supply Corporation
Limited, Bihar, Patna.
... ... Respondents
======================================================
Appearance :
(In CIVIL REVIEW No. 133 of 2023)
For the Petitioner/s : Mr. Abhishek Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, Advocate
Mr. Dhananjay Kumar Tiwary, Advocate
(In Civil Writ Jurisdiction Case No. 3949 of 2023)
For the Petitioner/s : Mr. Rajesh Kumar Chaudhary, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
Mr. Dhananjay Kumar Tiwary, Advocate
======================================================
Patna High Court C. REV. No.133 of 2023 dt.05-03-2025
2/7
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 05-03-2025
Ref: Civil Review No. 133 of 2023
The present Civil Review No. 133 of 2023 is
arising out of C.W.J.C. No. 13574 of 2022.
2. On 19.04.2024, we have passed the following
orders:-
“Pursuant to our previous order,
Nirmala Devi, wife of late Chandra Bhushan Singh
and Kundan Kumar, son of late Chandra Bhushan
Singh are present.
2. We have apprised both the parties
for amicable settlement and they have agreed.
3. Late Chandra Bhushan Singh had
executed certain works with the Bihar State Food
& Civil Supply Corporation Ltd, Bihar. Resultantly,
the amount of Rs. 83,28,990/-(Rupees Eighty Three
Lakhs Twenty Eight Thousand Nine Hundred and
Ninety) has been received by Nirmala Devi and
still a sum of Rs. 1,39,74,810/- (Rupees One Crore
Thirty Nine Lakhs Seventy Four Thousand Eight
Patna High Court C. REV. No.133 of 2023 dt.05-03-2025
3/7Hundred and Ten) was required to be disbursed by
the Bihar State Food & Civil Supply Corporation
Ltd, Bihar in favour of Nirmala Devi.
4. Taking note of payment already
received by Nirmala Devi, wife of late Chandra
Bhushan Singh is Rs. 83,28,990/- (Rupees Eighty
Three Lakhs Twenty Eight Thousand Nine Hundred
and Ninety) – Income Tax deduction. She is stated
to have received around a sum of Rs. 76 lakhs in
which she has agreed that she will pay a sum of Rs.
30 lakhs in favour of the Kundan Kumar while
retaining the remaining the amount. Similarly, an
amount which is due to the extent of Rs.
1,39,74,810/- (Rupees One Crore Thirty Nine
Lakhs Seventy Four Thousand Eight Hundred and
Ten). She will get certain amount after deduction of
income tax. Out of such amount to be received by
her, she is prepared to pay a sum of Rs. 40 lakhs to
Kundan Kumar in order to give quietus to the
dispute among the mother and son in respect of
work executed by late Chandra Bhushan Singh. In
this regard, both the parties are hereby directed to
Patna High Court C. REV. No.133 of 2023 dt.05-03-2025
4/7prepare settlement of deed and place it on record
before the next date of hearing in order to give
quietus to the litigation.
5. Re-list this matter on 10.05.2024.
6. Personal appearance of respective
parties is needed on the next date of hearing also
so as to obtain their respective signatures in the
file.
7. Learned counsels for the respective
parties are hereby directed to identify their
respective parties on the next date of hearing.”
3. Today, learned counsel for the Appellant-Kundan
Kumar, on instruction, submitted that Respondent – Nirmala
Devi, mother of Kundan Kumar has backed out in sharing the
amount which she is received / she would be receiving from
Bihar State Food & Civil Supply Corporation Ltd. Therefore,
the review petitioner has not made out a case so as to examine
insofar as reviewing the order passed in C.W.J.C. No. 13574 of
2022.
4. Accordingly, Civil Review No. 133 of 2023
stands disposed of.
5. At this stage, learned counsel for the petitioner-
Patna High Court C. REV. No.133 of 2023 dt.05-03-2025
5/7
Kundan Kumar submitted that he had certain judicial
pronouncement in his favour in the suit relating to succession, if
it is so, he may take the benefit of the same and place it before
the competent Forum and apprise the Authorities / Forum, in
accordance with law.
6. With the above observation, Civil Review
petition stands disposed of.
Ref: C.W.J.C. No. 3949 of 2023
7. In the instant petition, the petitioner has prayed
for the following reliefs:
“I. To issue a Writ in the Nature of
Mandamus directing the Respondents to make
payment of entire admitted outstanding dues
amount Rs. 1,39,74,810.32/= against the
contractual work done in the capacity of
transporting cum handling agent in terms of
Agreement Executed on 02.11.2015 held between
the parties (Husband of the petitioner now
deceased and District Manger Respondent No.2
hereof).
II. To hold and declare that the said
outstanding dues amount accrued due to work
Patna High Court C. REV. No.133 of 2023 dt.05-03-2025
6/7done by husband of the petitioner who died later
on is the legitimate dues of Petitioner and which is
forthwith interest because petitioner is bonafide
legal heir of her husband.
III. To hold and declare that non-
action of respondents towards said payment is
violation of Article 21, 300-A and 299 of
Constitution of Indian.
IV. To grant any other relief / reliefs
for which the petitioner is entitled for and the
Hon’ble Court deems fit and proper.”
8. 1st Respondent – The Managing Director, Bihar
State Food and Civil Supply Corporation Limited, Bihar, Patna
is hereby directed to take note of grievance of the petitioner and
redress the same in accordance with law within a period of three
months from the date of receipt of this order. In this regard,
he/she is hereby directed to pass a detailed speaking order and
communicate the same to the petitioner. If she is entitled to any
sum of amount in respect of execution of contractual work by
petitioner’s husband – Chandra Bhushan Singh.
9. With the above observation, the present C.W.J.C.
No. 3949 of 2023 stands disposed of. Pending I.As, if any,
Patna High Court C. REV. No.133 of 2023 dt.05-03-2025
7/7
stands disposed of.
(P. B. Bajanthri, J)
( Sunil Dutta Mishra, J)
manish/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 08.03.2025 Transmission Date NA