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Patna High CourtCWJC/25846/2019disposed

Ashok Kumar v. The State Of Bihar

2020-02-14Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25846 of 2019 ====================================================== Ashok Kumar Son of late Misri Lal Das, Resident of Mohalla- Imadpur, P.S. Biharsarif, 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 Corporationm 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 :

Mr. Dharmendra Nath Jha, Adv.

Mr.Amrendra Kumar Jha, Adv.

For the Respondent/s :

Mr.S.Raza Ahmad . AAG 5 Mr. Vishwambhar Prasad, AC to AAG-5 For BSFC :

Mr. Sanjeev Kumar, Adv.

Mr. Rajeev Shekhar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-02-2020 After some arguments, the learned counsel for the petitioner seeks liberty to challenge the final order dated 30.07.2019 passed by the Certificate Offcer, Banka, by filing appropriate appeal under Section 60 of the Bihar & Orissa Public Demand Recovery Act, 1914.

Accordingly, the present writ petition stands disposed of with the aforesaid liberty and in case an appropriate appeal is filed within a period of four weeks from today, the same shall be adjudicated on merits by the Appellate Authority and a final

Patna High Court CWJC No.25846 of 2019(2) dt.14-02-2020 2/2 order shall be passed expeditiously, in accordance with law. It is needless to state that for a period of four weeks, no coercive step shall be taken against the petitioner, in order to enable him to file an appeal and seek appropriate interim orders by filing appropriate interim application for stay before the Appellate Court.

The present writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/karanU