Basudeo Das v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19141 of 2017 ====================================================== Basudeo Das Son of Late Dhani Das, Resident of Village- Gopidih, P.S.- Jasidih, District- Deoghar Jharkhand, the then Assistant Manager, Bakhari Bihar State Food Corporation, Begusarai.
... ... Petitioner/s
Versus
1.
The State Of Bihar through the Principal Secretary, Food & Civil Supply, Government of Bihar, Patna 2.
The Bihar State Food Corporation, Bihar, Patna through its Managing Director.
3.
The District Manager, Bihar State Food Corporation, Begusarai. 4.
The District Magistrate, Begusarai.
5.
The Sub-Divisional Officer, Begusarai.
6.
The Certificate Officer, Begusarai.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
M/s Subodh Kumar Jha Pranav Kumar Jha Krishna Kumar, Advocates For the State :
Mr. S.Raza Ahmad -AAG 5 For the BSFC :
M/s Shailendra Kumar Singh Shilpi Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 07-07-2025
1. The petitioner has filed the Writ petition for the following reliefs:
" ....... for quashing the certificate proceeding bearing Certificate Case No.01 of 2017-18, pending in the court of Certificate Officer, Begusarai as well as the notice dated 5.9.2017 issued in the said Certificate case to the petitioner and further for any other relief or reliefs for
Patna High Court CWJC No.19141 of 2017 dt.07-07-2025 2/3 which the petitioner is entitled in the facts and circumstances of the present writ application."
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 submitted that he has no objection, if a direction is given to the concerned authority 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 fresh objections under Section 9 before the concerned authority within a period of 15 days from the date of receipt of the order. On such
Patna High Court CWJC No.19141 of 2017 dt.07-07-2025 3/3 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 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 08.07.2025 Transmission Date