Patna High CourtCWJC/10651/2017disposed

Saumya Saroj v. The State Of Bihar And ORS

2017-08-29Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10651 of 2017 ======================================================

1. Saumya Saroj, Son of Shri Bhushan Kumar Saroj, resident of Marwha, P.S.- Madhepura, District- Madhepura, Proprietor of M/s Saumya Saroj Rice Mill, Bharrahi Bazar, Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Food and Civil Supply, Patna.

2. The District Magistrate, Madhepura.

3. The Superintendent of Police, Madhepura.

4. The Certificate Officer, Madhepura.

5. The Deputy Superintendent of Police, Madhepura.

6. The District Manager, Bihar State Food and Civil Supply Corporation, Madhepura.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Bhushan Kumar For the Respondent/s : Mr. S. Raza Ahmad- AAG5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-08-2017 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is challenging the order dated 13.6.2017 by which the Certificate Officer, Madhepura has considered the objection of the petitioner and disposed of the same by a reasoned order. Instead of filing an appeal, the petitioner has straightway approached this Court submitting that from the aforesaid order, it does not appear that the objection of the petitioner has been taken into consideration but, the order

Patna High Court CWJC No.10651 of 2017 (2) dt.29-08-2017 itself discloses application of judicial mind and all the points, raised in the objection petition, has been considered and disposed of by the Certificate Officer.

This Court is not giving any opinion on the merit of the case. The petitioner, if so advised, may file an appeal in terms of Section 60 of the Bihar and Orissa Public Demand Recovery Act along with the stay petition before the appellate authority within a period of four weeks from today.

Till disposal of the stay petition, the petitioner will not be taken into custody.

This interim relief is only available to the petitioner till disposal of the stay petition by the appellate authority subject to a condition that the petitioner will file an appeal within the aforesaid period of four weeks from today. With the aforementioned observation and direction, this application is disposed of.

(Shivaji Pandey, J) Vinay/- U