Patna High CourtCWJC/4489/2016disposed

Shyam Vinod Choudhary v. The State Of Bihar And ORS

2017-02-17Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4489 of 2016 ======================================================

1. Shyam Vinod Choudhary, through its Proprietor Loma Rice Mill, S/o Late Shiv Shankar Prasad Choudhary, Resident of At + P.O. - Loma, P.S. - Tisuita, District - Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Food and Consumer Govt. of Bihar, Patna.

2. The Managing Director, Food Civil Supply Corporation, Sone Bhawan, Bihar, Patna.

3. The District Collector, Vaishali, District - Hajipur.

4. The District Manager, Bihar State Food and Civil Supplies Corporation, Vaishali, Hazipur.

5. The Certificate Officer, District - Vaishali Hajipur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Mohan Mishra For the State : Mr. Raghwanand, GA 11 Mr. Sanjay Kumar Tiwari, AC to GA 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present case, petitioner is challenging the initiation of certificate proceeding under the Bihar & Orissa Public Demands Recovery Act, 1914 as a demand notice of Rs.1,83,91,724 /- has been issued against him. Learned counsel for the petitioner submits that petitioner has already filed objection petition under Section 9 of the Bihar & Orissa Public Demands Recovery Act, 1914 which is pending for consideration.

Patna High Court CWJC No.4489 of 2016 (2) dt.17-02-2017 In such view of the matter, the Certificate Officer, Vaishali, Hajipur is directed to dispose of the objection petition without unnecessary delay. Petitioner is directed to co-operate with the proceeding.

In the meantime, before deciding the objection petition the Certificate Officer will not take any coercive steps against the petitioner.

With the aforesaid observation and direction this writ petition is disposed.

(Shivaji Pandey, J) Vinay/- U