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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.948 of 2017 ====================================================== M/s Sarsawati Rice Mill Chiraiya, Khartari Road, East Champaran, Motihari through its proprietor Santosh Kumar, son of Sri Bharat Prasad, Resident of Village- Chiraiya, District- East Champaran.

... ... Petitioner

Versus

1. The State of Bihar through the Principal Secretary cum Secretary, Department of Food, Civil Supplies and Consumer Affairs, Old Secretariat, Government of Bihar, Patna.

2. District Magistrate, East Champaran, Motihari.

3. District Certificate Officer, East Champaran, Motihari.

4. District Supply Officer, East Champaran, Motihari.

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

6. District Manager, State Food Corporation, East Champaran, Motihari.

7. The New India Assurance Company Limited, Registered and Head Office, The New India Assurance Building, 87-M.G. Road fort, Mumbai - 400001.

8. Regional Manager, The New India Assurance Company Limited, Regional Office, B.S.F.C., Building, 6th Floor, Patna, Bihar.

9. Divisional Manager, The New India Assurance Company Limited, Divisional Officer, Poddar Complex, Club Road, Muzaffarpur, Bihar.

10. Branch Manager, The New India Assurance Company Limited, Branch Motihari, East Champaran, Mudhira Sah Market, Main Road, Motihari. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar No.III, Advocate For the Respondent no. 7,8,9,10 Mr. Jagnnath Singh, Advocate Mr. Puskar Kumar Raj, Advocate For the State :

Mr. Manoj Kumar, AC to GP-4 For BSFC :

Mr. Shailendra Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-02-2019 Heard learned counsel for the petitioner and learned counsel representing the Bihar State Food and Civil Supplies Corporation Limited as also the learned counsel representing the New India Assurance Company Limited.

In the present writ application, the petitioner has prayed for a direction to the respondent nos. 1 to 5 to stay the proceeding of Certificate Case No. 02/Khadan/12-13 till the

Patna High Court CWJC No.948 of 2017(3) dt.01-02-2019 2/2 adjudication of Complaint Case No. 122/2014, which is pending in between the petitioner and respondent no. 7 before the Hon'ble National Consumer Dispute Redressal Commission, New Delhi.

After some argument, learned counsel for the petitioner submits that the petitioner has already filed his show cause/objection petition before the Certificate Officer and he may be allowed to withdraw this writ application to pursue his remedy in the certificate case.

In the aforesaid view of the matter, this Writ Application is dismissed as withdrawn with a liberty to the petitioner to pursue his remedy before the Certificate Officer. (Rajeev Ranjan Prasad, J) Rajeev/- U