Sheojee Pandey v. The Bihar State Food And Civil Supplies Corporation Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16266 of 2018 ====================================================== Sheojee Pandey S/o Sri Satya Ram Pandey, resident of Village- Diul, P.O.- Kakila, P.S.- Jagdishpur, District- Bhojpur at Present posted as Assistant in the District office of Bihar State Food and Civil Supplies Corporation Ltd. Gopalganj, P.O. and P.S. - Gopalganj, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The Bihar State Food and Civil Supplies Corporation Ltd. through its Managing Director, Khadya Bhawan, Daroga Rai Path, Patna-800001. 2.

The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd., Khadya Bhawan, Daroga Rai Path, Patna-800001. 3.

The Deputy General Manager Public Distribution, Head Office, Bihar State Food and Civil Supplies Corporation Ltd., Kadhya Bhawan, Daroga Rai Path, Patna-800001.

4.

The Chief of Administration, Bihar State Food and Civil Supplies Corporation Ltd., Khadya Bhawan, Daroga Rai Path, Patna-800001. 5.

The District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Bhojpur at Ara, District-Bhojpur at Ara 6.

The District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Gopalganj, District- Gopalganj 7.

The Collector-cum-District Certificate Officer, Bhojpur at Ara, DistrictBhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Nr. Rai, Advocate :

Mr. Jainendra Kumar, Advocate :

Mr.Ranjeet Choubey, Advocate For the Respondent/s :

Mr.S.Raza Ahmed -Aag5 :

Dr. Kislay, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 24-07-2025

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

"I. For issuance of appropriate direction/

2/5 directions for quashing the entire proceeding of Certificate Case no:- 1 of 2018-19 including the requisition sent by respondent no:- 5 as well as notice in the aforesaid certificate case.

II. For issuance of appropriate direction/ directions to direct the respondents to verify the Costumed Mill Rice (in chort "C.M.R.") available in the Godowns were the petitioner was working under the direction of the Head Office of the Bihar State Food & Civil Supplies Corporation Ltd. (in short "the Corporation") and for which the petitioner wrote several letters for issuance of Store Issue Orders for lifting of the C.M.R. kept in various Godowns.

III. For issuance of further appropriate direction/directions to withdraw the requisition sent to the Certificate Officer who has sent the requisition without verifying the availability of C.M.R. in the Godowns and also without properly fixing the responsibility for non-issuance of Store Issue Orders and also for not properly calculating any loss alleged to have been caused by the petitioner.

3/5 IV. For issuance of further appropriate direction/directions for granting any other relief or reliefs which deem fit and proper in the facts and circumstances of the case to protect the valuable rights of the petitioner."

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.

4/5

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 objections under Section 9 before the concerned authority within a period of four weeks from today. On such objections being filed, the authority concerned shall pass necessary orders under Section 10 of the Act. The authority concerned shall liberally construed the limitation aspect as the Writ petition is itself filed in the year 2018.

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

5/5 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) amitkr/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 24.07.2025 Transmission Date N/A