Patna High Court
Satish Kumar vs The State Of Bihar on 22 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2667 of 2021
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Satish Kumar, son of Rameshwar Singh, Prop- M/S Mehta Mini Rice Mill,
Resident of Village- Jainagar, P.O.- Chandi, P.S.- Darihat, District- Rohtas,
Sasaram
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary Food and Consumer
Department, Bihar, Patna
2. The Bihar State Food and Civil Supplies Corporation through its Managing
Director, KhadyaBahvan, Near R Block, Patna
3. The District Collector District- Rohtas
4. The Divisional Officer Rohtas
5. The District Manager Bihar State Food and Civil Supplies Corporation,
District- Rohatas
6. The Certificate Officer Sasaram, Rohtas
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Krishna Mohan Mishra, Advocate
For the Respondent/s : Mr. Arvind Ujjwal, SC-4
Mr. Upendra Pratap Singh, AC to SC-4
For BSFC : Mr. Anjani Kumar, Sr. Advocate
Mr. Shailendra Kumar Singh, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 22-11-2021
Heard learned counsel for the parties.
The petitioner has prayed for the following relief/s :-
"i. To issue appropriate writ specially
the writ of mandamus to quash the auction notice
issued by respondent District Collector, Rohtas
dated 27.11.2020 whereby and where under the
properties mentioned in serial no.10 (Satish
Kumar) of the notice has been set for auction on
Patna High Court CWJC No.2667 of 2021 dt.22-11-2021
07.12.2020 extended to 09.12.2020 and onward.
ii. To issue writ of prohibitory directing
the respondents not to make auction sale of the
property contain in notice dated 27.11.2020 as the
arbitration proceeding is pending in this case,
therefore, auction made before adjudication of
dispute by arbitrator is against the provision of
law and violating the principal of natural justice.
iii. To hold and declare that the
respondent Managing Director had no power and
authority to constitute committee for making
auction sale of pledged property nor the
respondent District Collector is competent to
make auction sale as the said authorities are not
parties in the agreement.
iv. To hold and declare that the notice is
wholly illegal and without authority of law as the
properties which set on auction has not been
valued nor reserve price has been given in the
notice.
v. To issue any other writ/writs,
order/orders, direction/directions as your honour
deemed fit and proper."
Learned counsel for the petitioner states that perhaps,
after filing of the present petition, respondents have initiated
certain proceedings which may be required to be assailed if the
need so arises.
As such, learned counsel for the petitioner seeks
permission to withdraw the present petition reserving liberty to
the petitioner to file a fresh petition, on the same and subsequent
cause of action.
Permission granted.
The present petition stands disposed of as withdrawn
Patna High Court CWJC No.2667 of 2021 dt.22-11-2021
with liberty aforesaid.
Interlocutory Application(s), if any, shall stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Ashwini/Sujit
AFR/NAFR
CAV DATE
Uploading Date 24.11.2021
Transmission Date
