Patna High CourtL.P.A/1612/2016disposed

Raj Balav Singh v. The State Of Bihar And ORS

2017-08-04The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1612 of 2016 Arising out of Civil Writ Jurisdiction Case No. 8430 of 2014 =========================================================== Raj Balav Singh, Son of Shri Shiv Narayan Singh, Proprietor M/S Kisan Rice Mill, Resident of Village + P.O. - Narsanda, P.S. - Chandi, District - Nalanda. .... .... Appellant/s

Versus

1. The State of Bihar through Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

2. The Managing Director, Bihar State Food & Civil Supply Corporation Limited, Patna.

3. The District Magistrate, Nalanda.

4. The Certificate Officer, Nalanda.

5. The District Manager, Bihar State Food Corporation, Biharsharif, Nalanda.

6. The District Supply Officer, Biharsharif, Nalanda.

7. The S.D.O., Biharsharif, Nalanda.

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

For the Appellant/s : Mr. Sumeet Kumar Singh, Advocate For the BSFC : Mr. Shailendra Kumar Singh, Advocate For the State : Mr. Marut Nath Ram, A.C. to S.C. 4 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 04-08-2017 A perusal of Paragraph 6 of the order passed by the learned Writ Court goes to show that the Writ Court has remanded the matter back to the Certification Officer with a direction and liberty granted to the appellant to raise the objects as are contained in the writ petition. Apart from the fact that liberty shall be available to the appellant to raise all such objections including the jurisdiction of the Certification Officer to decide the issue before the adjudication of the

Patna High Court LPA No.1612 of 2016 dt.04-08-2017 2/2 dispute with regard to entitlement of the respondents to claim the amount. All these issues can be raised by the appellant before the Certification Officer and the Certification Officer shall proceed to decide the objection in accordance with law.

Till the matter is not decided afresh by the Certification Officer, no recovery shall be effected against the appellant. With the aforesaid, the Letters Patent Appeal stands disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 08.08.2017 Transmission Date