Patna High CourtCWJC/7186/2015disposed

M/S Hanuman Jee Rice Mill v. The State Of Bihar And ORS

2015-07-07Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7186 of 2015 ====================================================== M/s Hanuman Jee Rice Mill, situated at Village - Bahadur Tola ( Hasan Bazar), P.S. - Piro, District - Bhojpur, through its Proprietor Mahendra Singh @ Sri Mahendra Prasad Singh, Son of Late Bhola Prasad Singh. .... .... Petitioner

Versus

1. The State of Bihar through the District Magistrate, Bhojpur, Ara.

2. The District Certificate Officer, Bhojpur, Ara.

3. The District Manager, State Food Corporation Bhojpur at Ara.

4. The Sub- Divisional Office, Piro, District - Bhojpur. .... .... Respondents ====================================================== Appearance :

For the Petitioner : M/s. Naresh Malhotra, Senior Advocate and Binod Kumar Sinha, Advocate For BSFC : Mr. Shailendra Kumar Singh, Advocaste ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 07-07-2015 Heard learned counsel for the petitioner and the BSFC.

On limited issue being raised at the time of hearing, this writ application is being disposed of granting liberty to the petitioner to file his objection under Section 9 of the Bihar and Orissa Public demands Recovery Act, 1914 (hereinafter to be referred to as "the Act") within a period of two weeks from today. If such objection is filed by the petitioner, let a decision be taken by passing a reasoned order upon the same on its own merit and in accordance with law by the Certificate Officer under Section 10 of the Act within a period of four weeks, if such order has already not been passed by him.

Patna High Court CWJC No.7186 of 2015 (2) dt.07-07-2015 2/2 Let no coercive action be taken against the petitioner for recovery of the certificate amount till such decision is taken by the Certificate Officer.

The BSFC would also be required to immediately file its reply so that the matter is decided within the time granted by this Court.

(Dr. Ravi Ranjan, J) N.H./- U