M/S Tara Food Processing v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22531 of 2014 ====================================================== M/s Tara Food Processing through its Proprietor Mahesh Rao @ Prasad Rao, s/o Deep Narayan Rao resident of Village-Majhgain, P.S. Rajaun, District Banka.

.... .... 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 District Manager, Bihar State Food and Corporation, Banka. 5.The Certificate Officer, Banka.

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

For the Petitioner/s : Ms. Sushmita Mishra, Adv For the Respondent/s : Mr. Shailendra Kumar Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 07-01-2015 Heard learned counsel for the parties.

It is agreed at the bar that the case in hand is squarely covered by a judgment of this Court in the case of Sone Valley Rice Mill vs the State of Bihar & Ors reported in 2014(3) PLJR 819.

That being so, the entire impugned proceeding in Certificate Case No. 06 of 2014-15 including the notice dated 11.04.2013 (Annexure-5) is hereby quashed. Nothing said in this order, however, will come in the way of Bihar State Food and Civil Supplies

Patna High Court CWJC No.22531 of 2014 (2) dt.07-01-2015 Corporation in realization of the amount in question involved in this certificate case by taking any other recourse against the petitioner as may be permissible in law.

(Mihir Kumar Jha, J) Ranjan/- U