Patna High CourtCWJC/11057/2015disposed

M/S Maa Vaishno Rice Mill v. The State Of Bihar And ORS

2015-08-06Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11057 of 2015 =========================================================== M/s Maa Vaishno Rice Mill, Bhagwanpur, Bochahan, Muzaffurpur through its Partners Umes Rai, S/o- Sri Binda Rai, Village- Bhagwanpur, P.O. & P.S.- Bochahan, Muzaffurpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Bihar, Patna.

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

3. The District Collector/ Magistrate, Muzaffarpur.

4. The Bihar State Food and Civil Supplies Corporation Limited, through its Managing Director, Sone Bhawan, Patna.

5. The District Manager, Bihar State Food and Civil Supply Corporation, Ltd., Muzaffarpur.

6. The Certificate Officer-Cum-Sub-Divisional Officer, Muzaffarpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Krishna Mohan Mishra,Advocate For the BSFC : Mr.Shailendra Kumar Singh, Advocate For the Respondent/s : Mr. AJIT PRATAP SINGH- SC15 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 06-08-2015 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Bihar State Food Corporation.

2. It is submitted on behalf of the petitioner that the entire proceedings in Certificate Case No. 562 of 2014-15 against the partner of the petitioner- Maa Vaishno Rice Mill in terms of Section 7 of the Bihar & Orissa Public Demands recovery Act (For short, "the Act") for recovery of the dues amounting to Rs.5, 96,34,246.23 are wholly illegal and liable to be quashed.

3. The immediate concern of the partner of petitioner-Mill in this case is that a warrant of arrest has been issued against him in connection with the dues amounting to Rs.5, 96,34,246.23 recoverable in terms of the

Patna High Court CWJC No.11057 of 2015 dt.06-08-2015 notice dated 06.02.2015 issued by the Certificate Officer-cum-Subdivisional Officer, Muzaffarpur in Certificate Case No. 562 of 2014-15.

4. It is further submitted that an objection petition under Section 9 has already been filed which is pending before the Certificate Officer but without disposing of the same, the warrant of arrest has been issued.

5. With the consent of parties, the present writ petition is disposed of granting liberty to the petitioner to file his petition under Section 9 of the Act within a period of three weeks from today, which, if done, shall be disposed of by the Certificate Officer on its own merits within a further period of four weeks thereafter in accordance with law and in terms of Section 10 of the said Act.

6. It is made clear that until disposal of such petition, if filed, the Certificate Officer shall not resort to any coercive action for recovery of the dues against the partner of the petitioner-Mill in Certificate Case No. 562 of 2014-15.

7. The writ petition stands disposed of.

(Vikash Jain, J) Chandran U