Satyam Agro Food v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15723 of 2017 ====================================================== Satyam Agro Food Industries Private Ltd. through its Director Rakesh Kumar S/o Laxmeshwar Thakur Resident of Village- Bholachak, P.S. Chakiya, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Patna Bihar 2.

The Food and Consumer Protection Department through the Principal Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna 3.

The Bihar State Food and Civil Supply Corporation Ltd., through its Managing Director, Patna, Bihar 4.

The Collector-cum- District Magistrate, East Champaran at Motihari. 5.

The District Manager, Bihar State Food and Civil Supply Corporation Ltd., East Champaran at Motihar 6.

The District Certificate Officer, East Champaran at Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sangeet Deokuliar, Advocate For the Respondent/s :

Mr. Arvind Ujjwal- SC 4 For the BSFC :

M/s Shailendra Kumar Singh, Utkarsha Utpal, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 18-06-2025

1. The petitioner has filed the Writ petition for the following reliefs:

"A. For issuance of an appropriate Writ in the nature of Certiorari for quashing the Certificate Case No. 08 of 2014-15 which has been initiated against the petitioner on the basis of certificate, notice which forms part of Section 7 notice is contemporary to the statutory Rules of the Bihar &

2/4 Orissa Public Demand Recovery Act, 1914.(Hereinafter referred to as the "PDR Act").

B. For issuance of an appropriate Writ in the nature of Certiorari for setting aside the order dated 25.06.2017 and the entire orders passed in Certificate Case No. 08 of 2014-15 as the same have been passed without appreciating the necessary documents and the objection petition of the petitioner in which the petitioner has given necessary documents and facts.

C. For grant of any other relief/s, if the petitioner is found entitled to.

2. At the outset, the Learned counsel for the petitioner seeks indulgence of this Court to grant liberty to file fresh objections under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 and direct the authority to pass necessary orders duly taking into account the objections filed by the petitioner.

3. The Learned counsel for the respondents

3/4 reported that he has no objection, if a direction is given to the respondent No. 6 to pass necessary orders under Section 10 of the Act duly taking into account the objections filed by the petitioner.

4. Having regard to the above made submissions, without going into the merits or demerits of the case, the present writ petition is disposed of granting liberty to the petitioner to file his objections under Section 9 before the Respondent No. 6 within a period of one month from today. On such objections being filed, the authority concerned shall pass necessary orders under Section 10 of the Act.

5. It is needless to mention that before passing any order, the authority concerned shall give an opportunity of hearing to the petitioner. Any order passed shall be communicated to the petitioner. The entire exercise shall be completed as expeditiously as possible preferably within a period of three months from the date of filing of the objections by the petitioner.

6. Till the passing of the final order by the

4/4 Certificate Officer, it is directed that no coercive steps shall be taken against the petitioner herein.

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

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.06.2025 Transmission Date