Patna High Court
Ramanand Singh vs The State Of Bihar on 2 January, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21972 of 2019
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Ramanand Singh, son of late Shiv Narayan Singh, proprietor of M/S Narayan
Ji Mini Rice Mill Plant, resident of Village Kaithna, P.O.- Indaur, P.S. Itari,
District- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer
Protection Department, Bihar at Patna.
2. District Magistrate-cum- Collector, Buxar, District- Buxar.
3. District Manager, Bihar State Food and Civil Supplies Corporation, Buxar,
District- Buxar.
4. L.R.D.C.-cum- District Certificate Officer, Buxar, District- Buxar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sumeet Kumar Singh, Advocate
Mr. Gaurav Prakash, Advocate
Mr. Satyendra Prasad Singh, Advocate
For the Respondent/s : Mr. S.Raza Ahmad, AAG-5
Mr. Shailendra Kumar Singh, Advocate
Mr. Siddharth Harsh, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 02-01-2023
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.21972 of 2019 dt.02-01-2023
Learned counsel for the respondents fairly states
that the impugned order dated 03.07.2017 (at one place
even though word "17" has been written but is read as '14'),
passed by the L.R.D.C.-cum-District Certificate Officer,
Buxar in Certificate Case No. 10/2016-17 [Annexure-3,
Page-21) and the consequential order dated 18.08.2017,
passed by the L.R.D.C.-cum-District Certificate Officer,
Buxar in Certificate Case No. 10/2016-17 [Annexure-4,
Page-23], needs to be quashed and set aside for the reason
Patna High Court CWJC No.21972 of 2019 dt.02-01-2023
that petitioner was not afforded adequate opportunity of
presenting his case which has led to violation of principles
of natural justice entailing civil consequences, inasmuch as
liability of Rs.1,16,11,468/- (one crore sixteen lacs eleven
thousand four hundred sixty eight) stands fastened and in
the consequential order steps for issuance of warrant of
arrest taken.
As jointly prayed for, the instant petition stands
disposed of in the following mutually agreeable terms:-
(a) The impugned order dated 03.07.2017, passed
by the L.R.D.C.-cum-District Certificate Officer, Buxar in
Certificate Case No. 10/2016-17 [Annexure-3, Page-21) and
the consequential order dated 18.08.2017, passed by the
L.R.D.C.-cum-District Certificate Officer, Buxar in
Certificate Case No. 10/2016-17 [Annexure-4, Page-23]
stand quashed and set aside;
(b) Petitioner shall appear before the authority
concerned i.e. L.R.D.C.-cum-District Certificate Officer,
Buxar on 9th of January, 2023 at 10:30 A.M.;
(c) The said officer shall decide the matter afresh
by passing a reasoned and speaking order within a period of
Patna High Court CWJC No.21972 of 2019 dt.02-01-2023
four weeks thereafter;
(d) Petitioner undertakes to fully cooperate and
not take any unnecessary adjournment in the proceedings;
(e) The order assigning reasons shall be
communicated to the petitioner;
(f) Needless to add, while considering the case of
the petitioner, principles of natural justice shall be
followed and due opportunity of hearing afforded to the
parties;
(g) Also, opportunity to place on record all relevant
materials/documents shall be granted to the parties;
(h) Equally, liberty is reserved to the petitioner to
take recourse to such alternative remedies as are otherwise
available in accordance with law;
(i) We are hopeful that as and when petitioner
takes recourse to such remedies, as are otherwise available
in law, before the appropriate forum, the same shall be
dealt with, in accordance with law and with reasonable
dispatch;
(j) Also, liberty reserved to the petitioner to
approach the appropriate forum/Court, should the need so
Patna High Court CWJC No.21972 of 2019 dt.02-01-2023
arise subsequently on the same and subsequent cause of
action;
(k) We have not expressed any opinion on merits.
All issues of fact and law are left open;
The petition stands disposed of in the aforesaid
terms.
Interlocutory Application(s), if any, shall stand
disposed of.
(Sanjay Karol, CJ)
(Partha Sarthy, J)
Amrendra/PKP
AFR/NAFR
CAV DATE
Uploading Date 03.01.2023
Transmission Date
