Patna High CourtCWJC/14124/2017disposed

Arun Kumar v. The State Of Bihar And ORS

2017-10-04Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14124 of 2017 ======================================================

1. Arun Kumar, Proprietor of Madheshara PACS Rice Mill, Son of Ram Alakh Prasad, R/o Village- Bhutahi, P.S.- Sonbarsa, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Food & Civil Supply, Government of Bihar, Patna.

2. The Bihar State Food & Civil Supply Corporation Limited through the Managing Director, Sone Bhawan, Vir Chand Patel Path, Patna.

3. The District Magistrate, Sitamarhi.

4. The District Manager, State Food & Civil Supply Corporation Limited, Sitamarhi.

5. The District Certificate Officer, Sitamarhi. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar For BSFC : Mr. Shailendra Kumar Singh For the State : Mr. S.Raza Ahmad -AAG5, Mr. Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-10-2017 Heard learned counsel for the petitioner and learned counsel for the State as well as BSFC.

In the present case, petitioner is challenging the order dated 3.7.2017 passed by the District Certificate Officer, Sitamarhi in Case No.26 of 2014-15 by which Certificate Officer has arrived to a finding of outstanding dues of Rs.28,07,475.30 and for its enforcement body warrant has been issued against him.

There is provision for appeal. The petitioner, if so advised, may file an appeal before the appellate

Patna High Court CWJC No.14124 of 2017 (2) dt.04-10-2017 authority within a period of 30 days from today. If he files appeal within the aforesaid period the order of body warrant will be kept in abeyance but if he fails to file the appeal in terms of Section 60 of the Public Demands Recovery Act, in such circumstances, the Certificate Officer will be at liberty to take action against the petitioner in accordance with law. With the aforesaid observation this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- U