Anil Kumar Singh @ Anil Singh v. The Food And Consumer Protection Department And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2413 of 2017 =========================================================== Anil Kumar Singh @ Anil Singh, son of Sukhdeo Singh, proprietor of M/s Ankit Rice Mill, Ganghar, Mali, Nabi Nagar, resident of Ganghar, Mali, P.S.- Nabi Nagar, District - Aurangabad.

.... .... Petitioner

Versus

1. The Food and Consumer Protection Department through its Principal Secretary, Bihar at Patna.

2. The State of Bihar through District Magistrate, District - Aurangabad.

3. The Bihar State Food and Civil Supplies Corporation Limited through its M.D., Bihar at Patna.

4. The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Aurangabad, District - Aurangabad.

5. The District Certificate Officer, Aurangabad, District - Aurangabad. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Sumeet Kumar Singh, Adv. For the B.S.F.C. : Mr. Aditya Prakash Sahay, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 27-07-2017 Heard learned counsel for the petitioner and learned counsel for the Bihar State Food and Civil Supplies Corporation Limited.

2.

In this case, the petitioner is challenging the initiation of proceeding against the petitioner under the P.D.R. Act vide Certificate Case No.109 of 2014-15.

3.

It appears that the proceeding has been initiated in the year 2015 and the petitioner has never cared to participate in the

Patna High Court CWJC No.2413 of 2017 dt.27-07-2017 2/2 proceeding. The order of warrant against the petitioner has been issued in the year 2015, but he remained in slumber and all of a sudden woke up and approached this Court in the year 2017 that too till today he has not filed any objection before the Certificate Officer.

4.

In such view of the matter, this Court is not inclined to entertain this petition. The petitioner, if so advised, may file objection, taking all points which are available to him and the Certificate Officer will be obliged to decide the case of the petitioner on the ground of maintainability as well as on merit. 5.

In the meantime, the petitioner could not be taken into custody, subject to the condition that he must file the objection within four weeks from today.

6.

With the aforesaid observations and directions, this writ petition is disposed of.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

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