PATNA, India, July 9 -- Patna High Court issued the following judgment on July 4:

1.The petitioner has filed the instant application for the following reliefs:

"i. To quash the order order contained in letter no. 13413 dated 09.11.2016 whereby and where under respondent Managing Director of State Food Corporation has imposed a penalty of Rs. 10,00,000/-.

ii. To issue appropriate writ directing respondent to pay Rs. 2,57,15,514/- which is due on account of transporting handling charge as well as the amount of advance and bank guarantee.

Iii.To hold and declare that the imposition of penalty and deduction of amount from bill is illegal and unjustified in view of the fact that the petitioner had transported commodities in full satisfaction of the respondent and no quantity were found shortage in transportation neither any damage were caused.

iv. To further quash and set aside order contain in letter no. 1685 dated 15.10.2016 issued by respondent District Manager, Vashali whereby and where under amount Rs. 15,6796.50/- has been deducted on account of damage however for no reason..

v. To issue any other writ / writs, order/orders, direction/directions as your honour deem fit and proper."

2.During the course of the arguments, it is contended by the Learned counsel for the petitioner that the petitioner has made a representation vide Annexure-6, dated 30.07.2017 which is pending before the authorities and no order has been passed. He modifies his reliefs during course of argument, contending that the representation may be disposed of by the concerned respondent.

3.On the other hand, the Learned counsel for the respondents contended that the petitioner may file a fresh representation, renewing all the facts along with supporting documents, to enable the respondent to pass an appropriate order as the matter pertains to the year 2017.

4.Heard the Learned counsel for the petitioner and the the Learned counsel for the respondents.

5.Therefore, the petitioner is directed to file a representation before respondent No. 3 within one month from the date of receipt of the order of this Court with all relevant documents, and in turn, respondent No. 3 shall consider the case on merits and shall pass appropriate order within three months from date of filing of the representation.

6.With the aforesaid observations, the Writ petition stands disposed of.

7. Interlocutory Application(s), if any, shall stand disposed of.

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