Patna High CourtCWJC/9297/2017disposed

Uday Singh v. The State Of Bihar And ORS

2018-07-09Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.9297 of 2017 dt.09-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9297 of 2017 =========================================================== Uday Singh Son of Ram Swaroop Singh Resident of Village- Kara, P.S. Obra, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar , through the Principal Secretary Food & Civil Supply Corporation Govt. of Bihar, Patna.

2. The District Magistrate, Aurangabad, District- Aurangabad.

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

4. The District Manager, Bihar State Food Civil Supplies Corporation Limited, Aurangabad, District Aurangabad.

5. The Certificate Officer, District- Aurangabad.

6. The Superintendent of Police District Aurangabad. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Brij Bihari Tiwary, Adv For the State : Mr. Alok Ranjan, AC to AAG 5 For the BSFC : Mr. Nirmal Kumar, Adv =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 09-07-2018 The present writ petition has been filed for setting aside the order dated 15.05.2017 along with entire Certificate Case No. 83/201415 filed by the District Manager, Bihar State Food Corporation, Aurangabad before the District Certificate officer, Aurangabad for a demand of Rs. 33,04,700/- whereby and whereunder the District Certificate Officer, Aurangabad vide its order dated 11.11.2015 held

Patna High Court CWJC No.9297 of 2017 dt.09-07-2018 that the Certificate amount is recoverable from the petitioner; and for connected reliefs.

2. Learned counsel for the petitioner submits that during the pendency of the writ petition, Request Case No. 57 of 2017 has been allowed by judgment dated 19.07.2017 and learned Arbitrator has been appointed for resolving the dispute between the parties. It is therefore submitted that the present writ petition need not be pursued.

3. The writ petition stands disposed of.

4. Considering that the dispute is now pending before the learned Arbitrator, it is directed that until disposal of the matter no coercive steps shall be taken against the petitioner for recovery of the certificate amount.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 11.07.2018 Transmission Date NA