The Bihar State Food And Civil Supplies Corporation Limited v. Manoj Kumar Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.623 of 2025 ====================================================== 1.

The Bihar State Food and Civil Supplies Corporation Limited Khadya Bhawan, Daroga Prasad Rai Path, R. Block, Road No. 02, Patna, through its Managing Director.

2.

The Managing Director, The Bihar State Food and Civil Supplies Corporation Limited, Khadya Bhawan, Daroga Prasad Rai Path, R. Block, Road No. 02, Patna.

3.

The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Madhubani.

... ... Petitioner/s

Versus

Manoj Kumar Singh son of Badri Narayan Singh, Resident of Village Khangawan, P.S. Pandaul, District Madhubani.

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-05-2025 Record taken up on mentioning being made on behalf of the petitioners.

2. Heard learned counsel for the petitioners.

3. The petitioners have sought following relief:- "That the present petition is being filed by the petitioners for transfer of Misc. Case No. 139 of 2022 before Hon'ble Court of District Judge Patna to Hon'ble Court of District Judge, Madhubani, on the ground that Award Holder/ respondent has filed Misc. Case No. 08 of 2022 and Execution Case No. 29 of 2024 before Hon'ble court of

Patna High Court C.Misc. No.623 of 2025(2) dt.16-05-2025 2/2 District Judge Madhubani against Award dated 21.06.2022 passed in Arbitration Case/Request Case No. 69 of 2020 and the petitioner humble pray before this Hon'ble court to stay this execution proceeding till disposal of Misc. Case No. 139 of 2022 and Misc. Case No. 8/2022 and for issuance of any other order or direction which your Lordships may deem fit and proper in the facts and circumstances of the case."

4. Apparently, the petitioners have chosen a wrong forum by moving this Court under Article 227 of the Constitution of India. Under the High Court Rules, miscellaneous jurisdiction case is supposed to be filed for transfer of the cases from one district to another district in the State of Bihar.

5. Therefore, learned counsel for the petitioners is directed to convert the present petition into miscellaneous jurisdiction case (MJC), within three weeks.

6. Office is directed to extend all cooperation. (Arun Kumar Jha, J) DKS/- U