Patna High Court
Purshottam Jain vs The State Of Bihar And Ors on 2 May, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7337 of 2015
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Purushottam Jain Son of Sri Ram Das Prasad, Resident of Village P.O.-
Berthu, P.S.- Karai Parsurai, District- Nalanda Proprietor of Ram Das Agro
Industries, Berthu, Nalanda.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna
2. The Principal Secretary, Food and Consumer Protection Department, Govt.
of Bihar, Patna.
3. The Managing Director, Bihar State Food and Civil Supply Corporation,
Sone Bhaan, Bir Chand Patel Path, Patna
4. The Deputy Chief Claim, The Bihar State Food and Civil Supply
Corporation, Patna.
5. The District Magistrate, Nalanda.
6. The District Manager, Bihar State Food and Civil Supply Corporation,
Nalanda.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Kumar
For the Respondent/s : Ms. Prabhat Kumar, AC to GA 11
For the BSFC : M/s Shailendra Kr. Singh,
Uttkarsha Utpal, Advocates
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
CHAKRAVARTHY
ORAL JUDGMENT
Date : 02-05-2024
The petitioner has filed the writ petitioner for the
following reliefs:
"(i) For issuance of writ of mandamus
commanding upon the respondents to lift the
remaining quantity of CMR which is the out come of
the paddy supplied by the Respondent no.6.
(ii) For issuance of writ in the nature
of mandamus for direction to the respondents to pay
the milling charge of the paddy which is done by the
Patna High Court CWJC No.7337 of 2015 dt.02-05-2024
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petitioner in pursuant to the agreement with B.S.F.C.
Ltd.
(iii) For issuance of writ of mandamus
directing the Respondent authorities for the payment
of Transportation cost which is done by the petitioner
on a verbal order of the Respondent authorities for
depositing the CMR in the Godown of the Corporation
or FCI.
(iv) For the other relief / reliefs for
which petitioner is found entitle in the facts and
circumstances of the case."
2. The petitioner has further filed I.A. No. 2563
of 2016 for the following reliefs in addition to the reliefs
sought for in the writ application as during pendency of the writ
petition, the respondent authorities has lodged certificate case
against the petitioner for the recovery of an amount against the
CMR which is not lifted from the mill of petitioner by the
respondent authorities and the certificate officer issued
certificate notice to the petitioner:
"(i) For issuance of writ of certiorari
for quashing the order dated 10.9.2015 passed by
Certificate officer, Nalanda in Certificate Case No. 15
of 2014-15 by which the Certificate Officer without
granted sufficing time for filing objection petition
D/W has been issued against the peitioner for the
recovery of the Certificate amount.
(ii) For issuance of writ of certiorari
for quashing the notice as well as entire proceeding
Patna High Court CWJC No.7337 of 2015 dt.02-05-2024
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of the certificate Case no. 15/2014-15 which is
instituted against the petitioner on the instance of the
respondent no. 6 for the recovery of the alleged
amount.
iii) For the issuance of appropriate
writ for the stay of the operation of the order dated
10.9.2015
passed by respondent Certificate Officer
whereby and where under issued D/W against the
petitioner also stay the further proceeding of the
Certificate proceeding no. 15/2014-15.
(iv) For permitting the petitioner to
add Certificate Officer, Nalanda to add as
Respondent no. 7 in the writ petition.
(v) For the other reliefs which may be
granted to the petitioner in the facts and
circumstances of this case."
3. The petitioner, thereafter, also filed I.A. No.
3245 of 2016 in the writ application for following reliefs in
addition to the reliefs sought for in the writ application as well
as I.A. No. 2563 of 2016:
(i) For issuance of writ of certiorari
for quashing the order dated 15.3.2016 passed by
Certificate officer, Nalanda in Certificate Case No.
15 of 2014-15 by which he has been issued B/W
against the petitioner.
(ii) For the issuance of appropriate
writ for the stay of the order dated 15.3.2016 passed
by respondent Certificate officer whereby and where
under issued B/W against the petitioner.
Patna High Court CWJC No.7337 of 2015 dt.02-05-2024
(iii) For the other reliefs which may
be granted to the petitioner in the facts and
circumstances of this case."
4. Learned counsel for the petitioner contended
that this matter is squarely covered under the judgment passed
in LPA No. 1643 of 2019 in CWJC Case No. 20334 of 2019
(Pintu Biswas Versus The State of Bihar & Ors.) vide
judgment dated 18.10.2023 by the Division Bench of this
Court.
5. Heard the learned counsel for the petitioner as
well as the respondents.
6. In view of the fact that this matter is squarely
covered by the aforesaid judgments, in the totality of the
circumstances, I am of the opinion that the certificate
proceeding passed in Certificate Case No. 15 of 2014-15 has to
be set aside and I do so. I find the certificate proceedings itself
to be vitiated and set aside the same. I make it clear that I have
not made any observation with respect to the award made by the
Arbitral Tribunal which if challenged in appropriate
proceedings, would be considered in accordance with law,
untrammelled by the setting aside of the certificate proceedings,
which is only on the non-compliance of the form and procedure
and not on the quantification of the liability.
Patna High Court CWJC No.7337 of 2015 dt.02-05-2024
7. With the aforesaid observations, this writ
petition stands disposed of in light of the judgment passed in
Pintu Biswas (supra).
8. Interlocutory Application(s), if any, shall stand
disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.05.2024
Transmission Date
