M/S Maa Chinta @ Chintoo Agro Industries v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1187 of 2017 In Civil Writ Jurisdiction Case No. 10246 of 2014 ====================================================== M/s Maa Chinta @ Chintoo Agro Industries, through it's ProprietorNirmod Kumar, Son of Shri Amirak Singh, resident of Village- Fatehpur, Tola- Ramraichak, P.S.-Fatehpur, District-Gaya. .... .... Appellant/s

Versus

1. The State of Bihar, through Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna.

2. The District Magistrate, Gaya.

3. Bihar State Food & Civil Supplies Corporation Limited, through its Chairman, Sone Bhawan, Patna.

4. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd., District Office, Gaya at Gaya

5. The District Supply Officer, Gaya.

6. The Enforcement Officer, Deputed on M/s Maa Chintu Agro Industries, Fatehpur, District-Gaya.

7. The Block Development Officer, Fatehpur, District-Gaya.

8. The Block Supply Officer, Fatehpur, Dist.-Gaya .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Manish Kumar No 13, Advocate Mr. Rohit Kumar, Advocate For the Respondent/s : Mr. S.Raza Ahmad, AAG- 5 Md. Kamil Akhtar, AC to AAG-5 For the B.S.F.C. : Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 14-09-2017 I.A. No. 6390 of 2017 has been filed for condoning the delay of one year and 152 days. Delay in filing the appeal is condoned and I.A. No. 6390 of 2017 stands allowed and disposed of.

Having heard learned counsel for the parties and keeping in view the fact that the Writ Court has disposed of the

Patna High Court LPA No.1187 of 2017 (3) dt.14-09-2017 2/2 matter in terms of the order passed on 23.03.2017 in L.P.A. No. 1391 of 2014 and various other appeals, we see no reason to make any indulgence into the matter. However, we direct that appellant shall be at liberty to raise all objections as are permissible under law before the Certification Officer and the Certification Officer shall consider the same and thereafter decide the objection in accordance with law and till the matter is not decided by the Certification Officer, no coercive steps for recovery of the amount shall be initiated against the appellant. The Certificate proceeding shall be disposed of within a period of three months. With the aforesaid observation, this appeal stands disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Uday/- U