Chandra Shekhar Singh v. The Bihar State Food And Civil Supplies Corporation And ORS

Patna High Court CWJC No.11443 of 2015 dt.18-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11443 of 2015 =========================================================== Chandra Shekhar Singh son of Sri Ramashish Singh, resident of VillageKushahi, P.O. - Kaniyari, P.S. - Dinara, District - Rohtas. .... .... Petitioner

Versus

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

2. The Managing Director, Bihar State Food and Civil Supplies Corporation, Patna.

3. The District Manager, Bihar State Food and Civil Supplies Corporation, Rohtas at Sasaram.

4. The District Magistrate, Rohtas, Sasaram.

5. The Certificate Officer, Rohtas, Sasaram.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Prabhat Ranjan Singh, Advocate. For the Respondents : Mr. Shailendera Kumar Singh, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 18-09-2018 The present writ petition has been filed for the following reliefs - "(i) That the entire proceeding in Certificate Case No. 58/2014-15 contained in Annexure-12 may be quashed. (ii) That the distress warrant issued by the Certificate Officer dated 28.05.2015 contained in Annexure-13 may be quashed.

(iii) That the requisition filed by the respondent District Manager, BSFC contained in Annexure-11 may be quasghed. Being not maintainable in the eye of law. (iv) That any other relief or reliefs may be allowed which will be just, proper and equitable on the opinion of his Hon'ble Court."

Patna High Court CWJC No.11443 of 2015 dt.18-09-2018

2. At the outset itself, learned counsel for the petitioner invites reference to his supplementary affidavit, inter alia, enclosing an order dated 18.10.2016 passed by the District Manager, BSFC (Annexure-16). It is submitted that liability can no longer attach to the petitioner in the light of the findings recorded against the erstwhile District Manager, BSFC, Rohtas at Sasaram.

3. Learned counsel for the respondent-BSFC appears and has been heard.

4. Having regard to the stand of the petitioner, the writ petition stands disposed of, with liberty to the petitioner to approach the Certificate Officer with an appropriate petition for redressal of his grievances.

5. If any such petition is filed within a period of two weeks from today, the same shall be considered and disposed of on its own merits in accordance with law.

(Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 20.09.2018 Transmission Date N.A.