Bindeshwar Prasad Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.927 of 2017 =========================================================== Bindeshwar Prasad Sinha, Son of Sri Brahmdeo Sinha, resident of Jagdeo Nagar ( Near Masaurhi Jail ) at & Police Station Masaurhi, District Patna, Priprietor, Janta Rice Mill .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Food & Consumer Protection Department, Govt. of Bihar, Patna

2. The District Magistrate, Patna

3. The Certificate officer - Cum - Sub - Divisional Officer, Masaurhi, District - Patna

4. Bihar State Food & Civil Supplies Corporation Limited through its Managing Director, Patna, Bihar

5. The District Manager, Bihar State Food & Civil Supplies Corporation Ltd., Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Prashant Sinha, Adv. For the State : Mr. Arvind Ujjwal, SC-4 Mr. Upendra Pratap Singh, AC to SC-4 For the BSFC : Mr. Shailednra Kumar Singh, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 25-08-2017 Heard learned counsel for the petitioner and counsel for the State.

Admittedly from the show-cause, it appears that both the Circle Officer, Masaurhi as well as the present S.D.O., Masaurhi have not complied the order of this Court in letter and spirit rather, in violation of the same, the mill of the petitioner was sealed which is against the interim relief given by this Court. Both of them have filed their show-cause and they have

Patna High Court CWJC No.927 of 2017 dt.25-08-2017 tendered unqualified apology, the same is accepted but, if both of them repeat the same and violate the order of this Court, in such circumstances, the present proceeding will be initiated automatically. The present case will be governed by the outcome of Sone Valley Rice Mill in S.L.P. No. 17696 of 2016. In the meantime, neither the authority will seal the premises of the petitioner nor he will be taken into custody as also no other coercive action will be taken against the petitioner. With the aforementioned observation and direction, this writ application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.09.2017 Transmission Date NA