Raman Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12164 of 2025 ====================================================== Raman Kumar Bhagat Son of Late Ramesh Candra Bhagat, resident of Village- Kolashi, P.O. and P.S.- Korha, District- Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna. 2.

Principal Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna.

3.

District Magistrate, Katihar.

4.

District Certificate Officer-cum-S.D.O, Katihar, District- Katihar. 5.

Bihar State Food and Civil Supplies Corporation Ltd., through its Chairman, Patna.

6.

District Manager, Bihar State Food Corporation, Katihar. 7.

Food Corporation of India, through its Chairman cum Managing Director, New Delhi.

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

For the Petitioner/s :

Mr.Vinod Shanker Modi For the Respondent/state:

Mr. Faiz Ahmad, AC to G.P.14 For the BSFC :

Mr. Shailendra Kumar Singh, Advocate For the respondent-7 F.C.I.:

Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-11-2025

1. Heard the parties.

2. The petitioner is the son of the erstwhile rice miller namely, Late Ramesh Chandra Bhagat. The father of the petitioner was running a mini rice rice mill in the district of Katihar in the name and style of Sri Ram Mini Modern Rice Mill. The petitioner's father died on 06.12.2015.

3. A certificate proceeding was initiated against father of petitioner having Case No. 03 / 2013-14, however, the notice issued against petitioner's father was quashed by this Court on

Patna High Court CWJC No.12164 of 2025(2) dt.18-11-2025 2/2 the ground that notice was issued in the certificate proceeding against a dead person. The name of the petitioner has been substituted in place of his father.

4. Learned counsel for the petitioner submits that certificate proceeding was initiated for recovery of a sum of Rs. 83,40,819/-. The petitioner has filed his objection under Section 9 of the Public Demand Recovery Act before the District Certificate Officer cum S.D.O., Katihar on 15.02.2025.

5. Learned counsel for the B.S.F.C. submits that objection of the petitioner is still pending and this Court may direct the District Certificate Officer-cum- S.D.O., Katihar to dispose the objection within a reasonable time frame.

6. Having regard to the submissions advanced by the parties and taking into consideration the nature of dispute, the present writ application is disposed with a direction to the District Certificate Officer -cum- S.D.O., Katihar to dispose the objection filed by the petitioner in accordance with law within a period of four months after giving opportunity of hearing to all concerned.

praful/- (Anil Kumar Sinha, J) U