Patna High CourtCWJC/18520/2016disposed

Bhola Chaudhary v. The State Of Bihar And ORS

2017-04-12Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18520 of 2016 ======================================================

1. Bhola Chaudhary Son of Late Methur Chaudhary Resident of village - Sharfuddinpur, P.S. Bochha, District - Muzaffarpur .... .... Petitioner/s

Versus

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

2. District Collector, Muzaffarpur

3. Sub - Divisional Officer Muzaffarpur East Cum Certificate Officer

4. Additional District Magistrate Muzaffarpur East Cum Mill In - Charge Officer

5. Bihar State Food and Civil Supplies Corporation Ltd. Muzaffarpur through its Manager

6. District Manager Bihar State Food and Civil Supplies Corporation Ltd. Muzaffarpur

7. Lifting In - Charge Cum Assistant Godown Manager Block - Bochhan, District Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Prakash Shrarma For BSFC : Mr. Adotya Prakash Sahay For the State : Mr. Shashi Shekhar Prasad, AC to GA-6. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 12-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present case, petitioner is challenging the final order dated 10.5.2016 passed by the Certificate Officer, Muzaffarpur East in Auction Case No.835 of 2015. Against that order the petitioner filed civil suit vide Suit No.643 of 2016. The suit has been withdrawn. Section 60 of the Bihar and Orissa Public Demands Recovery Act provides the forum of appeal against the order of the

Patna High Court CWJC No.18520 of 2016 (2) dt.12-04-2017 Certificate Officer.

In such view of the matter, this Court is not inclined to interfere in the matter. However, the petitioner, if so advised, may approach to the appellate authority who will take decision in accordance with law.

If the petitioner pays Rs.20,00,000/- within a week then coercive steps will be put on hold till filing of the appeal that will be filed within three weeks from today. With the aforesaid observation this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- U