Patna High CourtCWJC/14556/2017disposed

Anil Kumar Sharma v. The State Of Bihar And ORS

2017-10-17Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14556 of 2017 ======================================================

1. Anil Kumar Sharma, Son of Ram Chandra Sharma, Resident of Village Kusmar, P.S.- Khutauna, District- Madhubani, Block Co-operative Officer, Nanpur-cum-Incharge, Assistant Godown Manager, Pupri, DistrictSitamarhi. .... .... Petitioner/s

Versus

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

2. The District Magistrate, Sitamarhi.

3. The Managing Director, Bihar State Food & Civil Supply Corporation, Bihar, Patna.

4. The District Certificate Officer, Sitamarhi.

5. The District Manager, Bihar State Food & Civil Supply Corporation, Sitamarhi.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Pandey For the BSFC : Mr. Shailendra Kumar Singh For the State : Mr. S.Raza Ahmad -AAG5 Mr. Alok Ranjan, AC to AAG5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned counsel for the State as well as BSFC.

In the present case, petitioner has raised a grievance that without serving notice as per Section 7 of the PDR Act in Certificate case No.8 of 2016-17 the Certificate Officer has issued warrant of arrest.

Learned counsel for the petitioner submits that petitioner has never received any notice nor any notice of bailable warrant of arrest and for non-bailable warrant he

Patna High Court CWJC No.14556 of 2017 (2) dt.17-10-2017 could know and straightway he has moved this Court. In such view of the matter, petitioner, if so advised, may appear before the Certificate Officer, Sitamarhi in Case No. 8 of 2016-17 within a period of four weeks from today and file objection. If he files objection within the aforesaid period, in such circumstances, no coercive action will be taken against the petitioner. But if he fails to file objection the interim relief will be treated to have been cancelled. The petitioner should co-operate with the proceeding. With the aforesaid observation and direction this writ petition is disposed.

(Shivaji Pandey, J) Vinay/- U