Kewat Sah v. The State Of Bihar And ORS

Patna High Court CWJC No.13016 of 2017 dt.19-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13016 of 2017 =========================================================== Kewat Sah S/o Late Ramlakahn Shaw alias Lakhan Shaw R/o Mohalla - Banhara, Amarpur, P.S. - Amarpur, District - Banka. .... .... Petitioner

Versus

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

2. The District Collector, District - Banka.

3. The Managing Director, Bihar State Food and Corporation, Patna.

4. The Sub Divisional Officer, Banka Sub Division, District Banka.

5. The District Manager Bihar State Food Corporation, District - Banka.

6. The Circle Officer, Amarpur, P.S. - Amarpur, District Banka. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Y.V. Giri, Sr. Advocate. Mr. Krishna Mohan Mishra, Advocate.

For the State : Mr. S. Raza Ahmad, AAG-5 Mr. Alok Ranjan, AC to AAG-5 For the BSFC : Mr. Shailendra Kumar Singh, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 19-02-2018 Heard learned Senior counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for a direction to the respondents to open the seal of the Rice Mills which is situated at Khamani Chack in Amarpur Block of District- Banka operating in the name of Kewat Rice Mill; and for connected reliefs.

3. Learned Senior counsel for the petitioner Mr. Y.V. Giri invites attention to the interim order dated 04.07.2017 passed in LPA No. 89 of 2016 whereby it has been directed that coercive steps for

Patna High Court CWJC No.13016 of 2017 dt.19-02-2018 recovery in pursuance of the impugned order of the Certificate Office shall remain stayed. Learned Senior counsel further states that despite requests, the respondents have not recalled the order by which the Mill of the petitioner has been sealed without the authority of law.

4. Having regard to the aforesaid order of the Hon'ble Division Bench, the learned Senior counsel for the petitioner seeks permission to withdraw the present writ petition with liberty to file an appropriate petition before the Hon'ble Division Bench for redressal of his grievances.

5. In view of the above, the writ petition stands dismissed with liberty to the petitioner to file an appropriate petition before the Hon'ble Division Bench for redressal of his grievances. (Vikash Jain, J) Md. Ibrarul/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 20.02.2018 Transmission Date N.A.