Sajida Khatoon v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1989 of 2017 ====================================================== Sajida Khatoon Wife of Md. Sukur Ali, Resident of Village-Sikarpur, Panchayat-Sikarpur, P.O.-Dasgram, P.S.-Abadpur, Block-Barsoi, DistrictKatihar. ... ... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Food & Consumer Protection Department, Govt. of Bihar, Patna

2. The Deputy Development Commissioner-Cum-Chief Executive Officer, Katihar.

3. Programme Officer, Barsoi, Katihar.

4. The Certificate Officer, Katihar.

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

For the Petitioner/s :

Mr. N.K.Agrawal, Sr. Advocate Mr. Dhananjaya Nath Tiwari For the Respondent/s :

Smt. Namrata Mishra- GA-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-12-2018 The learned senior counsel for the petitioner has referred to the order dated 06.01.2012 passed by this Court earlier in C.W.J.C. No. 2199 of 2011 wherein this Court has directed that no recovery of money or execution of a certificate case should be done without an inquiry being conducted by the Principal Secretary, Food & Civil Supply Department, Government of Bihar, Patna or any senior person authorized by him. It is further submitted that instead of conducting an inquiry, the Respondents have initiated Certificate Case No. 23 of 201112 which is pending before the Certificate Officer, Katihar. The learned counsel for the Respondent in his counter

Patna High Court CWJC No.1989 of 2017(2) dt.06-12-2018 2/2 affidavit has not denied the aforesaid position exiting as on date. Accordingly, the present writ petition is disposed of with a direction to the Principal Secretary, Food & Civil Supply Department, Government of Bihar, Patna to comply with the earlier order of this Court dated 06.01.2012 passed in C.W.J.C. No. 2199 of 2011 and till the final outcome of the inquiry is received, it is directed that the further proceedings of the Certificate Case No. 23 of 2011-12 pending before the Certificate Officer, Katihar shall be kept in abeyance. It is needless to state that a copy of the present order be sent by the registered post, through the petitioner herein, to the Principal Secretary, Food & Civil Supply Department, Government of Bihar, Patna within a period of four weeks from today.

(Mohit Kumar Shah, J) ajay gupta/- U