Amit Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11142 of 2016 ====================================================== Amit Kumar Singh, Son of Yogeshwar Prasad Singh, propriter, Sai Ram Rice Mill Badakagaon, R/o. Village-Badakagaon, P.S.-Tarari, District-Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate cum Collector Bhojpur, Ara. 3.

The certificate officer cum District Development officer, Bhojpur, Ara. 4.

The Managing Director, Bihar State Food and Civil Supplies Corporation Limited, Shone Bhawan, 5th Floor, Birchand Patel Path, Patna 800001 5.

The Bihar State Food and Civil Supplies Corporation Ltd, Bhojpur through District Manager, Bhojpur.

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

For the Petitioner/s :

Mr.Gopal Govind Mishra For the Respondent/s :

Mr.Gp26- Nirbhay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 24-08-2023 Heard the parties.

2. The present writ petition is filed for the following relief(s):- "For issuance of writ in certiorari and/or any other appropriate writ/writs, order/orders, direction/directions for commending the respondent authorities for quashing the certificate case no. 05/15-16 instituted by the District Manager, Bihar State Food and Civil Supplies Corporation Ltd, Bhojpur, Ara under the provision of

Patna High Court CWJC No.11142 of 2016(3) dt.24-08-2023 2/3 Bihar and Orrisa act no. 4 of 1914 for realization of an amount of Rs.10006323.45 from the petitioner and further relief for quashing the entire proceeding of the certificate case initiated by the certificate officer contrary to the law without following the due process of law and/or any other relief/reliefs admissible under the law in the light of factual profile of the case in the interest of Justice".

3. Learned counsel appearing on behalf of the petitioner states that the petitioner may be permitted to appear before the Certificate Officer and file his objection under Section 9 of the Bihar and Orissa Public Demands and Recovery Act,1914.

4. Having regard to the above made submission, the present writ petition is disposed of with the direction to the petitioner to approach the Certificate Officer and file his objection under Section 9 of the Bihar and Orissa Public Demands and Recovery Act, 1914 along with the petition to condone the delay in filing the objection within a period of two weeks from the date of receipt of this order. If any application is filed, the concerned authorities shall consider the same in accordance with law and pass necessary order.

Patna High Court CWJC No.11142 of 2016(3) dt.24-08-2023 3/3

5. It is needless to mention that before passing any order, the authorities concerned shall give an opportunity of hearing to the petitioner. Copy of the order passed shall be communicated to the parties.

(A. Abhishek Reddy , J) Bhardwaj/- U