Patna High CourtCWJC/1123/2017disposed

Sanjay Prasad v. The State Of Bihar And ORS

2017-02-15Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1123 of 2017 ====================================================== Sanjay Prasad, Son of Shri Bhola Je Prasad, resident of village - Narkatiya Darpa, P.S. Darpd, District - East Champaran, Proprietor of M/s Sumitra Rice Mill, Darpa, East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Food and Civil Supplies, New Secretariat, Patna

2. The Managing Director, Bihar State Food and Civil Supplies Corporations Limited, Patna

3. The District Manager, State Food Corporation Limited, East Champaran

4. The District Magistrate, East Champaran at Motihari

5. The Certificate officer, East Champaran at Motihari .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ansul For the Respondent/s : Mr. Arvind Ujjwal -SC 4 Mr. M.N. Roy, AC to SC-4 Mr. Shailendra Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is primarily aggrieved by the order dated 03.08.2016 passed by the District Certificate Officer, East Champaran, Motihari in Certificate Case No. 36/1415, thereby a reasoned order has been passed. The counsel for the petitioner submits that the District Certificate Officer has not gone into the objection what the petitioner has raised before him and ignoring the same, has passed the order.

Patna High Court CWJC No.1123 of 2017 (2) dt.15-02-2017 As a reasoned order has been passed and the petitioner wants to file an appeal, he is at liberty to file an appeal in terms of section 60 of the Bihar and Orissa Public Demands Recovery Act, but till the filing of the appeal, if the petitioner files any application for interim relief, till disposal of the same, no coercive step will be taken against the petitioner in connection with Certificate Case No. 36/14-15.

With the above observation/direction, this petition is disposed of.

(Shivaji Pandey, J) Mahesh/- U