Ashutosh Kumar vs The State Of Bihar
2023 Latest Caselaw 72 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.23420 of 2019
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Ashutosh Kumar Son of Sri Prabhash Chandra Bosh, Resident of Bhagat Singh Colony Ward No. 24, Nand Lal Mishra Lane Surkhi Kal, P.S.- Barari, District- Bhagalpur.

... ... Petitioner/s Versus

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

2. The Managing Director Bihar State Food and Civil Supplies Corporation Limited, 5th Floor Sone Bhawan, Veer Chandra Patel Path, Patna.

3. The Joint Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

4. The Division Commissioner, Bhagalpur Division, Bhagalpur.

5. The District Magistrate, Banka.

6. The District Agriculture Officer, Banka.

7. The District Co-operative Officer, Banka.

8. The District Supply Officer, Banka.

9. The Assistant District Supply Officer, Banka.

10. The Certificate Officer, Banka cum Sub Divisional Officer, Banka.

11. The Circle Officer Banka Police Station, District Banka.

12. The S.H.O. Banka Police Station, Banka.

13. The District Manager State Food Corporation (Bihar State Food and Civil Supplies Corporate Limited) Banka, District Banka.

14. The Block Co-Operative Officer Banka, District Banka.

15. The Block Supply Officer Banka, District Banka.

16. The Block Development Officer Banka, District Banka.

17. The Purchase Center Incharge Banka, District Banka.

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

For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate Mr. Indrajeet Jha, Advocate Mr. Ranjan Kumar Jha, Advocate For the Respondent/s : Mr. S.Raza Ahmad, AAG-5 Mr. Bijay Kumar Sinha, A.C. to AAG-5 Mr. Shailendra Kumar Singh, Advocate Mr. Siddharth Harsh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT Patna High Court CWJC No.23420 of 2019 dt.03-01-2023

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 03-01-2023

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

The impugned ten line order dated 30.07.2019 passed

by Respondent No. 10, namely, the Certificate Officer, Banka

cum Sub Divisional Officer, Banka in Certificate Case No.

03/16-17 (Annexure-4 series, Page-30) does not, in any manner,

state the amount which is due and payable by the petitioner as a

public demand. Also, what is the basis thereof is missing

therein. In effect, it is a unreasoned order. Passing of the order

entails both civil and penal consequences, for petitioner can be Patna High Court CWJC No.23420 of 2019 dt.03-01-2023

arrested, apart from paying the amount as demanded by the

department without adjudication by the Adjudicating Authority.

As such, on this short ground alone, we quash and set

aside the impugned order dated 30.07.2019 passed by

Respondent No. 10, namely, the Certificate Officer, Banka cum

Sub Divisional Officer, Banka in Certificate Case No. 03/16-17

(Annexure-4 series, Page-30) with the following directions:-

(a) Petitioner shall appear before Respondent No. 10,

namely, the Certificate Officer, Banka cum Sub Divisional

Officer, Banka on 16th of January, 2023 at 10:30 A.M., on which

date the said officer shall fix a date for hearing of the matter;

(b) Liberty reserved to the parties to place on record

additional material(s) in support of their contentions;

(c) Petitioner shall fully cooperate in the proceedings;

(d) The said officer shall pass a fresh order assigning

reasons within a period of four weeks thereafter, copy whereof

be supplied to the petitioner;

(e). The officer concerned shall pass a reasoned and

speaking order after complying with the principles of natural

justice;

(f) All consequential orders shall also stand quashed;

(g) Liberty reserved to the petitioner to challenge the Patna High Court CWJC No.23420 of 2019 dt.03-01-2023

order in accordance with law;

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 04.01.2023 Transmission Date