Mahesh Prasad Rao v. The Food And Consumer Protection Department Through The Principal Secretary And ORS

Patna High Court CWJC No.18316 of 2017 dt.14-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18316 of 2017 =========================================================== Mahesh Prasad Rao Son of Deep Narayan Rao Proprietor of M/s Tara Food Processing Unit Rice Mill, resident of House No. -34, Village - Majhgany, P.O. - Rupaspur, P.S. - Rajaun, 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 : Mr. Sumeet Kumar Singh, Advocate. For the BSFC : Mr. Sanjeev Kumar, Advocate. For the Respondents : Mr. Arvind Ujjwal, SC-4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 14-03-2018 The present writ petition has been filed for quashing the Certificate Case No. 14 of 2014-15 pending before the Certificate Officer, Banka for recovery of Rs. 20,66,204/-; and for connected reliefs.

2. At the very outset learned counsel for the petitioner refers to the judgment of this Court in Request Case No. 10 of 2018 which has been allowed by order dated 02.02.2018, the learned Arbitrator has already been appointed for resolving the dispute between the parties.

Patna High Court CWJC No.18316 of 2017 dt.14-03-2018

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 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. 14 of 2014-15 until resolution of the dispute by the learned Arbitrator.

6. The writ petition stands disposed of on the aforesaid terms.

(Vikash Jain, J) Md. Ibrarul/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 16.03.2018 Transmission Date N.A.