Om Prakash vs The State Of Bihar
2025 Latest Caselaw 1604 Patna

Patna High Court

Om Prakash vs The State Of Bihar on 4 February, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri, Sunil Dutta Mishra

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.1588 of 2019
                                            In
                    Civil Writ Jurisdiction Case No.21393 of 2019
     ======================================================
     Om Prakash, Son of Raghunath Prasad, Resident of Sisaundha, Dhansoi, P.S.-
     Buxar, District- Buxar, Proprietor of M/S Shree Ram Mill, Buxar.

                                                                  ... ... Appellant/s
                                       Versus
1.   The State of Bihar through the Principal Secretary Department of Food and
     Consumer Protection, Govt. of Bihar, Patna.
2.   The Managing Director, Bihar State Food and Civil Supply Corporation,
     Patna.
3.   The District Magistrate, Buxar.
4.   The Superintendent of Police, Buxar.
5.   The District Manager, Bihar State Food and Civil Supplies Corporation,
     District-Buxar.
6.   The Certificate Officer, Banka.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s      :      Mr. Shashi Bhushan Kumar, Advocate
     For the BSFC             :      Mr. Shailendra Kumar Singh, Advocate
     For the State            :      Mr. Alok Ranjan, AC to AAG-5
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
     ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 04-02-2025 Heard learned counsel for the parties.

2. The appellant has assailed the order of learned

Single Judge dated 14.11.2019 passed in CWJC No. 21393 of

2019. In fact, CWJC No. 21393 of 2019 has been allowed while

setting aside the order dated 13.09.2019 and the matter has been

remanded to the Certificate Officer to proceed afresh. In this

backdrop, learned counsel for the appellant submitted that Patna High Court L.P.A No.1588 of 2019 dt.04-02-2025

certain factual aspects of the matter has not been taken note by

the learned Single Judge.

3. Be that as it may, grievance of the appellant

has been remanded to the Certificate Officer to pass a fresh

order and further date has been fixed as 18.02.2025. In the

meanwhile, appellant is permitted to take out all those

contentions which are to be urged by him to defend his case

before the Certificating Officer in writing within a period of two

weeks from today. The Certificate Officer is directed to defer

the matter from 18.02.2025 for further few days and complete

the proceedings in the light of the learned Single Judge order

dated 14.11.2019. The appellant shall co-operate before the

Certificating Officer in so far as deciding the subject matter of

the lis.

4. With the above observation, the LPA stands

disposed of.

5. If any adverse order is passed against the

appellant, appellant is at liberty to invoke such statutory

remedy available to him.

Patna High Court L.P.A No.1588 of 2019 dt.04-02-2025

(P. B. Bajanthri, J)

( Sunil Dutta Mishra, J)

khushbu/-

AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          11.02.2025
Transmission Date