Nand Kishore Kapri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7201 of 2019 ====================================================== Nand Kishore Kapri Son of Gulabi Kapri, Resident of Village-Pawai, P.S.- Amarpur, District-Banka ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary Food and Consumer Protection Department, Bihar, Patna New Secretariat, Bailey Road, Patna 2.

The District Magistrate, Banka, District Banka 3.

The Bihar State Food and Civil Supplies Corporation Limited through Managing Director, Bihar, Patna. Sarpantine, Road, Patna District-Patna 4.

The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Banka, District-Banka 5.

The District Certificate Officer, Banka, District-Banka ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Murlidhar Mishra, Advocate For the BSFC :

Mr. Shailendra Kr, Advocate :

Mr. Utkarsh Utpal, Advocate For the Respondents :

Mr. S. Raza Ahmad (AC to AAG5) ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 01-04-2024 Initially the writ petition has been filed to release the petitioner from Civil Prison in connection with Certificate Case No. 41/14-15 which was pending before the Respondent No. 5 i.e., the learned Certificate Officer, Banka which was initiated under the Public Demand Recovery Act, 1914 and further for quashing the Certificate Case No. 41/14-15, pending before the learned Certificate Officer, Banka.

2. Heard learned counsel for the petitioner as well as learned counsel for the respondents.

Patna High Court CWJC No.7201 of 2019(7) dt.01-04-2024 2/2

3. It was brought to the notice of this Court by the learned counsel for the petitioner that he filed Request Case No. 170 of 2018, wherein this Court has disposed of the Request Case on 08.03.2019, directing the petitioner to appear before the arbitrator, who further settled the dispute and tendered his Award. Accordingly, the petitioner has appeared before the arbitrator vide Arbitration (Proceedings) Case No. 05 of 2020 as per the orders in Request Case No. 170 of 2018 dated 08.03.2019 and accordingly, the arbitrator has passed the Award on 16.03.2021.

4. In view of the Award, there is no further necessity to prosecute the case and, therefore, the writ petition is dismissed as infructuous.

(G. Anupama Chakravarthy, J) Shanu/- U