Patna High CourtCWJC/7288/2016disposed

Brij Kishore Singh v. The State Of Bihar And ORS

2017-09-06Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7288 of 2016 =========================================================== Brij Kishore Singh S/o Santan Singh, resident of Vill.- Derwan, P.S. Kudra, District Kaimur (Bhabua) .... .... Petitioner/s

Versus

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

2. The Bihar State Food and Civil Supplies Corporation, Sone Bhawan, Veer Chand Patel Path, through its Managing Director

3. The District Magistrate, District Kaimur

4. The District Certificate Officer, Bhabua .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : None For the BSFC : Mr. Harish Kumar, Adv. For the State : Mr. Narendra Kr. Singh, AC to GP-22 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 06-09-2017 Earlier on two occasions i.e. on 19.06.2017 and 04.09.2017, learned counsel for the petitioner was absent. Today also, no one appears on behalf of the petitioner. In that view of the matter, there is no way out but, to dispose of this writ application on merit. In the present case, the petitioner is challenging the entire proceeding initiated under the P.D.R. Act. The petitioner under the agreement had taken paddy with stipulation to return the 67% of the proportionate amount of rice. The petitioner deposited 808.92 quintal of rice but, ultimately failed to supply 2005.08 quintal of rice. For recovery of an amount of Rs. 43,41,002.29, the certificate proceeding

Patna High Court CWJC No.7288 of 2016 dt.06-09-2017 was initiated under the P.D.R. Act vide Certificate Case No. 39/201415. The petitioner, instead of filing an objection under the Public Demand Recovery Act, has straightway approached this Court. Let the petitioner should approach to the Certificate Officer, Bhabua and file an objection petition. If the petitioner files the objection, the Certificate Officer will consider the same and will pass an order in accordance with law.

With the aforementioned observation, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.09.2017 Transmission Date NA