Sanjay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16315 of 2016 ====================================================== Sanjay Kumar S/o - Late Sakal Deo Singh resident of Village - Arwal, P.S. - Arwal, District - Arwal.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Collector, Arwa, District - Arwal. 3.

The District Certificate Officer, Arwal, District - Arwal. 4.

The Bihar State Food and Civil Supplies Corporation Ltd. through its Managing Director, Khadya Bhaw 5.

The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd., Khadya Bhawan, Daroga 6.

The District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Arwal, P.S. - Arwal, Di 7.

The District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Jehanabad, P.S. - Jehan ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Choubey For the BSFC :

Ms.Anukriti Jaipuriyar For the Respondent/s :

Mr.Vikash Jha, AC to GA-9 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 02-08-2024

1. Heard Learned counsel for the petitioner as well as Learned counsel for the respondents.

2. Without going into the merits of the case, this order is being passed. Admittedly, there is an alternative remedy available for the writ petitioner to file objections under Section 9 of the PDR Act. Instead of filing objections before the concerned authority, the writ petitioner has directly approached this Court seeking the relief for quashing the Certificate

Patna High Court CWJC No.16315 of 2016(7) dt.02-08-2024 2/2 proceedings i.e. Certificate Case No. 13 of 2015-16 including the order of issuance of warrant of arrest dated 31.08.2016 and further directing the respondents to make adjustment of the claims of the petitioner on account of transportation and handling charges, milling of paddy as well as rent of the Godown taken by the respondent Nos. 6 and 7.

3. As per the contents of the writ petition, it is evident that the writ petitioner intends to adjust the amount by way of filing objections. Therefore, petitioner is directed to file objections before the concerned respondent authority and in turn the respondent authority shall consider his objections on merit and shall pass appropriate order in accordance with law within a period of six weeks from the date of filing of the objections.

4. This court also noticed that there is stay in favour of the petitioner. Therefore, the respondents shall not take coercive steps against the petitioner till the final orders.

5. With the aforesaid observation, this writ application is disposed of.

(G. Anupama Chakravarthy, J) vinita/- U