Patna High CourtCWJC/17918/2013allowed

Arun Kumar v. The State Of Bihar And ORS

2016-02-29Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17918 of 2013 ====================================================== Arun Kumar son of Sri Ram Ekbal Hathi resident of Village-Lakshmipur Bhutahi, P.S. Sonebarsa, District- Sitamarhi, the Adhyaksh of Madheshra Pacs Rice Mill, P.S. Sonebarsa, District- Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar through the Collector, Sitamarhi

2. The District Certificate Officer, Sitamarhi

3. The District Manager, Bihar State Food and Civil Supplies Corporation, Sitamarhi .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate Mr. AN. Rai, Advocate For the B.S.F.C. : Mr. R.S. Pradhan, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 29-02-2016 Counsel for the parties are present.

Mr. R.S. Pradhan, learned senior counsel appearing for the Bihar State Food and Civil Supplies Corporation fairly admits that in view of the Bench decision of this Court passed in CWJC No. 13746 of 2013, the certificate proceedings would not be maintainable but the Bench by the same order has given liberty to the Corporation to recover the amount in question by taking recourse to other modes available in accordance with law. In view of the submissions made by Mr. Pradhan the entire proceedings arising from Certificate Case No. 9 of 2013-14 pending before the District Certificate Officer, Sitamarhi for

Patna High Court CWJC No.17918 of 2013 (5) dt.29-02-2016 recovery of Rs. 38,71,127/- stated to be the value of custom milled rice that was supposed to be supplied by the petitioner, is held unsustainable in the light of the opinion expressed in CWJC No. 13746 of 2013 and is accordingly set aside. This order, however, would not preclude the Corporation to take recourse to other remedy available for recovery of the amount in question in accordance with law.

The writ petition is allowed.

(Jyoti Saran, J) S.Sb/- U