Ashok Purbey @ Ashok Purwe v. The Food And Consumer Protection Department Through The Principal Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18618 of 2017 =========================================================== Ashok Purbey @ Ashok Purwe Son of Vanvari Purwe Proprietor of M/s Ganpati Rice Mill, Resident of Village - Raipura, P.S. - Shambhuganj, District - Banka. .... .... Petitioner

Versus

1. The Food and Consumer Protection Department through the Principal Secretary, Bihar at Patna.

2. The State of Bihar through District Magistrate, District - Banka.

3. The Bihar State Food and Civil Supplies Corporation Limited through its M.D., Bihar at Patna.

4. The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Banka, District - Banka.

5. The District Certificate Officer, Banka, District - Banka. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Sumeet Kumar Singh, Advocate For the State : Mr. Md. Shahid Siddiqui, AC to AAG 5 For the BSFC : Mr. Sanjeev Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 07-03-2018 The present writ petition has been filed for quashing the Certificate Case No. 36 of 2014-15 pending before the Certificate Officer, Banka for recovery of Rs. 32,44,399/-; and for connected reliefs.

2. At the very outset learned counsel for the petitioner refers to the first supplementary affidavit, stating that Request Case No. 17 of 2018 filed by the petitioner has been allowed by this Court by order dated 02.02.2018, as evident from the details of case status (Annexure-9).

3. Learned counsel for the respondents also accepts this position.

4. Having heard learned counsel for the parties and in view of the fact that the dispute between the parties has been allowed to be considered

Patna High Court CWJC No.18618 of 2017 dt.07-03-2018 in the forum of arbitration, it is no longer necessary to enter into the merits of the present writ petition. The parties will be free to raise all issues before the learned Arbitrator at the appropriate stage.

5. In the interest of justice, this Court directs that the Certificate Officer shall not resort to any coercive action against the petitioner for recovery of the dues against the petitioner in Certificate Case No. 36 of 201415 until resolution of the dispute by the learned Arbitrator.

6. The writ petition stands disposed of on the aforesaid terms. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 08.03.2018 Transmission Date NA