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

Patna High Court CWJC No.7924 of 2016 (2) dt.13-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7924 of 2016 ====================================================== M/s Vishnu Rice Mill through its Proprietor Niranjan Poddar, Son of Mahadev Poddar, resident of village- Katiyama, P.S. Rajaun, District- Bank. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Food and Civil Supplies, Govt. of Bihar, Patna.

2. The Principal Secretary, Department of Food and Civil Supplies, Govt. of Bihar, Patna.

3. The District Magistrate, Banka.

4. The Managing Director, Bihar State Food Corporation, Patna.

5. The District Manager, Bihar State Food Corporation, Banka.

6. The Certificate Officer, Banka.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : MS. Sushmita Mishra Mr. Surya Narayan Sah For the Respondent-State : Mr. Subhash Pd.Singh, GA-7 For the Respondent-BSFC : Mr. Prabhat Kumar Singh Mr. Amit Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 13-05-2016 Heard the parties.

In view of the earlier order passed in case of the petitioner, viz. CWJC No.11904 of 2014 which was disposed of in terms of the orders passed in CWJC No.9133 of 2014 (Ms. Shivam Mini Modern Rice Mill vs. State) as well as the order passed in CWJC No.2375 of 2015 whereby this Court did not choose to interfere with the certificate proceedings rather stayed it only until disposal of the representation, the petitioner cannot be permitted to raise a fresh issue by way of a third writ petition. The petitioner if so advised can raise all issues as he chooses to raise in the certificate proceedings.

The writ petition is dismissed.

(Jyoti Saran, J) SKPathak/- U