Shambhu Sharan Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8759 of 2016 ====================================================== Shambhu Sharan Gupta, Son of Ram Prasad Gupta, Proprietor of Gupta Rice Mill, Narhat, Resident of Village- Narhat, P.S.- Narhat, DistrictNawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Collector -cum- District Magistrate, Nawada.

3. The District Certificate Officer, Nawada.

4. The Bihar State Food and Civil Supplies Corporation Limited, Nawada through its District Manager, Nawada.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Sinha For the Respondent/s : Mr. Yogendra Prasad Sinha, AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 28-06-2016 Learned counsel for the petitioner is permitted to make necessary correction at paragraph 1 and 25 of the writ petition.

Counsel for the parties are present.

Mr. Pramod Kumar Sinha, learned counsel appearing for the petitioner submits that no final order has yet been passed in the certificate proceedings, although an objection under section-9 of the Bihar and Orissa Public Demands Recovery Act has been filed by the petitioner, a copy of which is present at Annexure-9.

In the circumstances, where the certificate proceeding in question bearing Certificate Case No.10 of 2014-15 remains

Patna High Court CWJC No.8759 of 2016 (2) dt.28-06-2016 pending before the District Certificate Officer, Nawada, I deem it fit and proper to dispose of this writ petition with a direction the District Certificate Officer, Nawada to consider the objection filed by the petitioner and dispose of the same in accordance with law by a speaking order but after opportunity of hearing to the contesting parties.

The writ petition is disposed of accordingly. (Jyoti Saran, J) SKPathak/- U