Narendra Kumar Singh vs The State Of Bihar
2021 Latest Caselaw 5559 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1418 of 2021

     ======================================================

Narendra Kumar Singh, Son of Late Mahavir Singh, Proprietor of M/s

Shivam Rice Mill, resident of Village Pokhrera, P.S. Taraiyan, District Saran,

Chapra.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Bihar at Patna.

2. Principal Secretary, Food and Consumer Protection Department, Bihar at Patna.

3. Bihar State Food and Civil Supplies Corporation through its Managing Director, Bihar at Patna.

4. Managing Director, Bihar State Food and Civil Supplies Corporation, Bihar at Patna.

5. District Manager, Bihar State Food and Civil Supplies Corporation, Saran District Saran at Chapra.

6. District Certificate Officer, Saran District Saran at Chapra.

7. The Officer In-Charge, Taraiyan Police Station, P.S. Taraiyan, District Saran at Chapra.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr. Sumeet Kumar Singh, Advocate For the Respondent/s : Mr. Arvind Ujjwal, SC-4 Mr. U. P. Singh, AC to SC-4 For BSFC : Mr. Shailendra Kumar Singh, Advocate

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 29-11-2021

The petitioner has prayed for the following relief/s :- Patna High Court CWJC No.1418 of 2021 dt.29-11-2021

"That the present writ application is being filed in the nature of Certiorari for setting aside the order dated 30.07.2020 (Annexure-6 series) passed in certificate case no. 08/2014-15 by the District Certificate Officer, Saran (Chapra) by which bailable warrant has been issued against the petitioner; on the ground that the award has been passed by the learned arbitrator and the same is to be executed before the Court as defined under Section 2(e) of the Arbitration and Conciliation Act, 1996 and not before the Certificate Officer, Saran, District Saran Chapra.

II. That the present writ application is being filed in the nature of Mandamus for a direction to the Bihar State Food and Civil Supplies Corporation, District Saran Chapra to approach to the appropriate forum to execution of the award passed in Arbitration Case No.01/2018 arising out of Request Case No. 141/2017 for execution of the award dated 14.07.2019 on the ground that the award passed by the arbitrator can only be executed before a competent court which is the District Judge and not the District Certificate Officer.

III. For any other relief/Reliefs for which the petitioner is entitled for."

Mr. Shailendra Singh, learned counsel for the Bihar

State Food and Civil Supplies Corporation, fairly states that the

impugned order dated 30th of July, 2020 issued by the Additional

Collector, Chapra in Case No.8/14-15/BSFC, Chapra suffers

from the vice of non-compliance of the statutory provisions of

Bihar and Orissa Public Demands Recovery Act, 1914.

The petitioner had filed objection petition under

Section 9 which ought to have been heard and the determination Patna High Court CWJC No.1418 of 2021 dt.29-11-2021

of issuance of certificate had to be based on the reasons

supported by cogent material. Before complying with the

provisions of Section 10, the Certificate Officer straightaway

proceeded to issue the warrant of arrest as envisaged under

Section 15 of the Act.

On the other hand, Shri Sumeet Kumar Singh, learned

counsel for the petitioner, states that the officer had no

jurisdiction to proceed under the Act referred to (supra), more

so, in view of the proceedings already initiated and concluded

under the Arbitration and Conciliation Act, 1996, which is now

subject matter of adjudication before the appropriate Court

(under Section 36 of the Act).

Well, the petitioner can raise all objections and place

additional material in support of the objection petition already

preferred under section 9 of the Act. As such, we are inclined to

accept the prayer made by Mr. Shailendra Kumar Singh, learned

counsel for the respondents, and quash the order dated

30.07.2020 (Annexure P-6 series) issued by Additional

Collector, Chapra in Case No.8/14-15/BSFC, Chapra.

Ordered accordingly.

We direct the petitioner to appear before the

Certificate Officer on 13.12.2021 at 10:30 a.m., when a date and Patna High Court CWJC No.1418 of 2021 dt.29-11-2021

time would be given, enabling the petitioner to place additional

materials in support of the objection petition.

We also direct the officer concerned to decide the

objection petition expeditiously and within a period of three

months.

Needless to add, the officer shall pass an order

assigning reasons which shall be communicated to the petitioner

and, should the need so arise, it shall be open for the

petitioner/parties to assail the same before an appropriate forum,

in accordance with law.

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed

of.

(Sanjay Karol, CJ)

( S. Kumar, J) Ashwini/Sanjay AFR/NAFR CAV DATE Uploading Date 03.12.2021 Transmission Date