Shambhu Kumar v. The Food And Consumer Protection Department Through The Principal Secretary And ORS

Patna High Court CWJC No.6706 of 2018 dt.17-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6706 of 2018 =========================================================== Shambhu Kumar son of Ram Charitra Sah Proprietor of M/S Shambhu Rice Mill, resident of Village - Bagha, Ward No. - 24, P.S. - Lohiyanagar, District - Begusarai.

.... .... Petitioner/s

Versus

1. The Food and Consumer Protection Department through the Principal Secretary, Bihar at Patna.

2. The State of Bihar through District Magistrate, District - Sitamarhi.

3. The Bihar State Food and Civil Supplies Corporation Limited through its M.D., Bihar at Patna.

4. The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Sitamarhi, District - Sitamarhi.

5. The District Certificate Officer, Sitamarhi, District - Sitamarhi. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sumeet Kumar Singh, Adv For the Respondent/s : Mr. S.RAZA AHMAD -AAG5 For the BSCFC ; Mr. Sanjay Prasad, Adv =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 17-04-2018 The present writ petition has been filed for quashing the Certificate Case No. 06 of 2014-15 pending before the District Certificate Officer, Sitamarhi for recovery of Rs. 36,09,901.90; and for connected reliefs.

2. At the very outset learned counsel for the petitioner refers to the judgment of this Court stating that Request Case No. 214 of 2017 filed by the petitioner has been allowed by this Court by order dated 08.11.2017 and learned Arbitrator has been appointed for resolving the dispute between the parties.

3. Learned counsel for the respondents also accepts this position.

4. Having heard learned counsel for the parties and in

Patna High Court CWJC No.6706 of 2018 dt.17-04-2018 view of the fact that the dispute between the parties has been allowed to be considered in the forum of arbitration, it is no longer necessary to enter into the merits of the present writ petition. The parties will be free to raise all issues before the learned Arbitrator at the appropriate stage.

5. In the interest of justice, this Court directs that the Certificate Officer shall not resort to any coercive action against the petitioner for recovery of the dues against the petitioner in Certificate Case No. 06 of 2014-15 until resolution of the dispute by the learned Arbitrator.

6. The writ petition stands disposed of on the aforesaid terms.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 20.04.2018 Transmission Date NA