Mahendra Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15743 of 2015 ====================================================== Mahendra Prasad, S/o Late Jaimangal Prasad Yadav, R/o- VillageLakshamnama, P.O.- Saunaha, P.S.- Palanwan (Raxaul), District- East Champaran.

.... .... Petitioner/s

Versus

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

2. The District Collector, Darbhanga.

3. The Sub-Divisional Officer, Darbhanga.

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

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

6. The Additional Collector -cum- Certificate Officer, Darbhanga. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Mohan Mishra For the Respondent-State : Mr. Avnish Nandan Sinha, GP-11 For the Respondent-SFC : Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 08-10-2015 Heard the parties.

The petitioner is aggrieved by the final order passed in Certificate Case No.22 of 2014-15 by the District Certificate Officer -cum- Additional Collector, Darbhanga whereby the demand raised by the Corporation has been upheld and the petitioner has been directed to make payment thereof amounting to Rs.26,99,940/- to the certificate-holder within thirty days of the order.

The order passed by the Certificate Officer is appealable under section 60 of the Bihar and Orissa Public

Patna High Court CWJC No.15743 of 2015 (2) dt.08-10-2015 Demands Recovery Act, 1914 and the petitioner without exhausting the appellate remedy so available to him has filed this writ petition questioning the order on its own merit as well as on jurisdiction. These are the issues which can well be raised by the petitioner in appeal and, if so advised, he can take recourse thereto.

The writ petition is disposed of.

(Jyoti Saran, J) SKPathak/- U