Birendra Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6145 of 2016 ====================================================== Birendra Singh Son of Ram Vilash Singh R/o Village- Baroondih, PS Baroon, District Aurangabad.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Aurangabad, District -Aurangabad. 3.

The Bihar State Food Civil Supplies Corporation Limited through its M.D. Bihar at a Patna.

4.

The District Manager, Bihar State Food Civil Supplies Corporation Limited, Aurangabad, Distt Aurang 5.

The Store-in-Charge, State Food Civil Supplies Corporation Limited, Barun1, PS Barun District Aura 6.

The Certificate Officer, District Auragabad.

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

For the Petitioner/s :

Mr. Brij Bihari Tiwary For the Respondent/s :

Mr. AAG9-S. Raza Ahmad For the BSFC :

Mr. Shailendra Kr. Singh, Sr. Advocate :

Mr. Utkarsh Utpal For the State :

Dr. Md. Raisul Haque :

Mr. Binay Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 06-09-2024

1. Heard Learned counsel for the petitioner as well as Learned counsel for the respondents.

2. During course of arguments, it is noticed that the petitioner has challenged the order dated 07.09.2015 which was passed under Section 9 of PDR Act and also the order dated 11.02.2016 wherein the petitioner was directed to pay the remaining dues in monthly installments payable by 1st week of every month. Pursuant to that, petitioner approached

Patna High Court CWJC No.6145 of 2016(11) dt.06-09-2024 2/2 this Court for appointment of Arbitrator, where the Division Bench of this Court was pleased to appoint an Arbitrator. Being aggrieved by the said orders, Bihar State Food Corporation (BSFC) preferred Special Leave Petition before the Hon'ble Apex Court, which was dismissed on 01.08.2018. Later the Arbitrator have considered the entire material on record placed by the petitioner as well as the respondents and passed an award dated 13.09.2019. Being aggrieved by the same, BSFC preferred an application before the District Judge which is pending.

3. At this juncture, the Learned counsel for the petitioner seeks permission to withdraw the Writ petition as the Order under challenge has became the part of the award and he sought liberty to appeal before the District Judge for seeking any relief.

4. Liberty is granted to the petitioner to seek his relief before the District Judge.

5. With the aforesaid directions, the Writ petition stands disposed of.

(G. Anupama Chakravarthy, J) Manishkr/- U