Ashok Kumar, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24235 of 2019 ====================================================== Ashok Kumar, Son of Late Misri Lal Das, Resident of Mohalla-Emadpur, P.S.-Biharsharif, District-Nalanda, at present Prakhand Udyog Prasar Padadhikari, Belhar, P.S.-Belhar, District-Banka residing at Ward No. 7, Babu Tola, P.O., P.S. and District-Banka.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Banka.

3.

The Bihar State Food and Civil Supply Corporation Ltd. Bihar, Patna. 4.

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

5.

The Certificate Officer, Banka.

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

For the Petitioner/s :

None For the Respondent/s :

Mr. Alok Kumar, AC to AAG-5 For BSFC Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 04-01-2023 Petitioner has prayed for the following relief(s): "For issuance of an appropriate writ in the nature of certiorari for quashing the order dated 30.7.l2019 passed by Certificate Officer, Banka passed in Certificate Case No. 56/201415 contained in Annexure-3 to this petition, by which a B/W was issued against the petitioner due to non deposit of remaining certificate amount without considering the facts that as per Hon'ble Patna High Court's direction passed in

Patna High Court CWJC No.24235 of 2019(3) dt.04-01-2023 2/2 Cr. Misc. No. 21643/2015 on 15.05.2015, the petitioner is requires to deposit 50% of his salary towards the repayment of certificate amount but the petitioner has not paid his salary regularly month to month basis and after a gap of 4 to 6 months, when the petitioner received salary, he is depositing the amount and is ready to comply the same."

On 02.01.2023, we had passed the following order: "Despite repeated calls, none has entered appearance on behalf of the petitioner. However in the interest of justice matter is adjourned.

List on 04.01.2023 in the category of 'Order Matters'."

Even today, despite repeated calls and pass over, none appears for the petitioner.

Petition is dismissed for default.

(Sanjay Karol, CJ) ( Partha Sarthy, J) K.C.Jha/DKS U