M/S Vaishali Agro Rice Mill And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18541 of 2016 ======================================================

1. M/s Vaishali Agro Rice Mill, Sakara, Muzaffarpur through its Proprietor Brajesh Kumar Singh Son of Kaushalendra Prasad Singh, Resident of Village Mahesi P.S. Sakara, District Muzaffarpur.

2. Bishnudeo Ray Son of Sri Yogendra Rai, Resident of Village Vijapura, P.S, Baligaon, District Vaishali.

3. Ranjan Kumar Son of Sri Bir Chandra Rai, Resident of Village Khwajipur Basti, P.S. Baligaon, District Vaishali.

4. Munni Devi Wife of Sri Brajeshwar Kumar Singh, Resident of Village Katesar, P.S. Sakara, District Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Food and Civil Supply Department, Government of Bihar, Patna.

2. The District Magistrate, Muzaffarpur.

3. The Sub Divisional cum Certificate Officer, East, Muzaffarpur.

4. The Bihar State Food and Civil Supplies Corporation Ltd. through its Managing Director, Bihar, Patna.

5. The District Manager, Bihar State Food Corporation, Muzaffarpur.

6. The Block Agriculture Officer cum Incharge, Paddy Purchase Centre, Saraiya, District Muzaffarpur.

7. The Officer-in-Charge, Sakara Police Station, Muzaffarpur.

8. The Officer-in-Charge, Baligaon Police Station, Vaishali. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar, Advocate For the BSFC : Mr. Shailendra Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-04-2017 Heard learned counsel for the petitioner and learned counsel for the Bihar State Food and Civil Supplies Corporation.

In the present case limited prayer has been made by the petitioner that on receipt of the notice of P.D.R. proceeding vide Certificate Case No.837 of 2014-15 petitioner has filed

2Patna High Court CWJC No.18541 of 2016 (2) dt.10-04-2017 an objection which is pending before the Certificate Officer, East, Muzaffarpur and till date he has not disposed of the same.

Learned counsel for the petitioner submits that direction be given to the Certificate Officer to consider his objection and dispose of the same by a reasoned order.

Learned counsel for the Corporation has not disputed the submission of learned counsel for the petitioner. In such view of the matter, the Certificate Officer, East Muzaffarpur is directed to consider the objection of the petitioner and pass a reasoned order after giving proper opportunity of hearing within a period of two months from the date of receipt of a copy of this order.

In the meantime, no coercive action will be taken against the petitioner.

With the aforesaid observation and direction this application is disposed.

(Shivaji Pandey, J) Vinay/- U