Shailesh Kumar Singh v. The General Manager Food Corporation Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5427 of 2014 ======================================================

1. Shailesh Kumar Singh, Proprietor Of M/S Bara Pacs Rice Mill Kokhsi Pacs, Son Of Late Gauri Shankar Sigh Resident Of Village Bara P.S. Kokshi Saranpur District Madhepura .... .... Petitioner/s

Versus

1. The General Manager, Food Corporation Of India, Patna

2. The Assistant General Manager, Food Corporation Of India, Patna

3. The Godown In-Charge F.C.I. Madhepura

4. The Bihar State Food And Civil Supplies Corporation Through Managing Director, B.S.F.C., Patna

5. The District Manager, State Food And Civil Supplies Corporation, Madhepura .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the FCI : Mr. Arun Kumar, Advocate For BSFAC : Mr. Awadhesh Kumar, Advocate For the State : Mr. Ravish Chadra, AC to SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 02-06-2015 Reg: I.A.No.4316 of 2015.

Heard learned counsel for the parties.

This interlocutory application has been filed for adding the State of Bihar as party respondent in the main writ application including the prayer for quashing the warrant of arrest and attachment order issued by the District Certificate Officer, Madhepura in Certificate Case No.10/2014-15.

Prayer is allowed. Let the State of Bihar be added as party respondent. The petitioner has already served the copy of the Interlocutory Application on the learned counsel for the State. The petitioner has challenged both issuance of nonbailable warrant of arrest and order of attachment dated 04.05.2015.

Patna High Court CWJC No.5427 of 2014 (2) dt.02-06-2015 2/2 In my view, the District Certificate Officer ought to have first decided the objection of the petitioner before issuing the nonbailable warrant of arrest and attachment order. As such, the order dated 04.05.2015 passed by the District Certificate Officer. Madhepura in Certificate Case No.10 of 2014-15 issuing non-bailable warrant of arrest and attachment order against the petitioner is set aside. The petitioner is directed to appear before the District Certificate Officer, Madhepura positively within three weeks from today and cooperate in the certificate proceeding. The District Certificate Officer would proceed in the matter in accordance with law. This interlocutory application and writ application thus stand allowed to the extent indicated above. (Samarendra Pratap Singh, J) ahk/- U