M/S Aman Rice Mill, Through Its Proprietor, Subodh Kumar Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13689 of 2018 ====================================================== M/s Aman Rice Mill, Through Its Proprietor, Subodh Kumar Gupta, Son of Late Babu Lal Gupta, Resident of Village-Raj Bandh, P.S.-Dohraiya, DistrictBanka at Present Resident of Mohalla-Hanuman Path, Tilkamanjhi, P.S.- Tilkamanjhi, District-Bhagalpur.

... ... Petitioner/s

Versus

1. The State of Bihar Through the Principal Secretary, Food and Civil Supply Department, Government of Bihar, New Secretariat, Patna.

2. The Principal Secretary, Food and Civil Supply Department, Government of BIhar, New Secretariat, Patna.

3. The Bihar State Food and Civil Supply Corporation, Khadya Bhawan, Daroga Rai Path, R. Block, Road No. 2, Patna through its Managing Director.

4. THe Managing Director, The Bihar State Food and Civil Supply Corporation, Khadya Bhawan, Daroga Rai Path, R. Block, Road No.2, Patna.

5. The Deputy Chif of Claim, The Bihar State Food and Civil Supply Corporation, Khadya Bhawan, Daroga Rai Path, R. Block, Road No.2, Patna.

6. The District Manager, The Bihar State Food and Civil Supply Corporation, Banka.

7. The District Magistrate, Banka.

8. The District Certificate Officer, Banka.

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

For the Petitioner/s :

Mr. Sanjeet Kumar For the Respondent/s :

Mr. Arvind Ujjwal-Sc4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-09-2018 The present writ petition has been filed for quashing of the entire certificate proceeding bearing Certificate Case No. 02 of 2016-17 pending before the Certificate Officer, Banka. The learned counsel for the petitioner submits that the petitioner be granted fresh opportunity to file objection raising all the issues which have been raised in the present writ petition and the Certificate Officer be directed to consider the same and pass a reasoned and speaking order before proceeding further in

Patna High Court CWJC No.13689 of 2018(2) dt.10-09-2018 2/2 the matter.

In view of the aforesaid, the present writ petition is disposed of as withdrawn with liberty to the petitioner to file a detailed objection afresh within a period of two weeks from today whereafter, the Certificate Officer shall pass a reasoned and speaking order in accordance with law.

Till the passing of the final order by the Certificate Officer, it is directed that no coercive steps shall be taken against the petitioner herein.

It is needless to state that in case, the petitioner fails to file a fresh objection within a period of two weeks from today, the Certificate Officer shall proceed ex parte. (Mohit Kumar Shah, J) ajay gupta/- U