Sachidanand Sao 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.3095 of 2018 =========================================================== Sachidanand Sao Son of late Rameshwar Sao Resident of Village-Naudiha, P.S. Khijarsarai District-Gaya. at present Village+Post+P.S. Hulasganj, Distt. Jehanabad.

.... .... 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 -Gaya.

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 Gaya, District- Gaya.

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

For the Petitioner/s : Mr. Sumeet Kumar Singh, Adv For the BSFC : Mr. Sanjeev Kumar, Adv For the State : Mr. Alok Ranjan, AC to AAG 5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 09-03-2018 The present writ petition has been filed for quashing the Certificate Case No. 7 of 2014-15 pending before the Certificate Officer, Gaya for recovery of Rs. 1,86,38,520.15; 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. 140 of 2017 along with its analogous cases, by which Request Case No. 245 of 2017 filed by the petitioner has been allowed by judgment dated 24.11.2017, as evident from Annexure-4.

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

Patna High Court CWJC No.3095 of 2018 dt.09-03-2018 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. 7 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) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 12.03.2018 Transmission Date NA