Bishnukant Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6756 of 2014 =========================================================== BISHNUKANT JHA SON OF LATE GHURAN JHA RESIDENT OF VILLAGE - PALIMOHAN, P.S. KALUAHI, DISTRICT - MADHUBANI. .... .... PETITIONER

VERSUS

1. THE STATE OF BIHAR

2. THE BIHAR STATE FOOD AND CIVIL SUPPLY CORPORATION THROUGH ITS MANAGING DIRECTOR, SONE BHAWAN, BIRCHAND PATEL MARG, PATNA.

3. THE DISTRICT SUPPLY OFFICER-CUM-DISTRICT MAGISTRATE, KATIHAR.

4. THE DISTRICT MANAGER, BIHAR STATE FOOD AND CIVIL SUPPLY CORPORATION, KATIHAR.

5.

THE ASSTT.

GODOWN MANAGER, KADWA, STATE FOOD CORPORATION, KADWA, KATIHAR.

6.

THE DISTRICT CERTIFICATE OFFICER-CUM-SUB-DIVISIONAL OFFICER, KATIHAR SUB-DIVISION, KATIHAR .... .... RESPONDENT/S =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh,Advocate For the BSFC : Mr. Shailendra Kumar Singh, Advocate For the Respondent/s : Mr. GP-17 BINOD JEE VERMA Mr. Tej Prakash Singh, AC to GP 17 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 20-01-2016 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondentBihar State Food Corporation.

2. It is submitted on behalf of the petitioner that the entire proceedings in Certificate Case No. 01 of 2013-14 against the petitioner in terms of Section 7 of the Bihar & Orissa Public Demands Recovery Act (for short, "the Act") for recovery of the

Patna High Court CWJC No.6756 of 2014 dt.20-01-2016 dues amounting to Rs. 43, 82,041/- are wholly illegal and liable to be quashed.

3. It is further submitted that an objection petition under Section 9 has already been filed on 21.10.2013 which is pending before the Certificate Officer.

4. With the consent of parties, the present writ petition is disposed of with direction to the Certificate Officer, Katihar to consider and dispose of the objection petition under Section 9 of the Act said to have been filed by the petitioner, on its own merits, in accordance with law and in terms of Section 10 of the said Act within a period of four weeks from the date of receipt/production of a copy of this judgment.

5. It is made clear that until disposal of such objection petition, if not already disposed of, the Certificate Officer, Katihar shall not resort to any coercive action for recovery of the dues against the petitioner in Certificate Case No. 01 of 2013-14. (Vikash Jain, J) Chandran U