Patna High Court
Subodh Pandey vs The State Of Bihar And Ors on 17 March, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11727 of 2016
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Subodh Pandey Son of Bimal Pandey Resident of village - Andauli, P.S.
Chewara, District - Sheikhpura
... ... Petitioner/s
Versus
1. The State Of Bihar through Principal Secretary Food and Civil Supply
Department, Government of Bihar, Patna
2. The Director Bihar State Food and Civil Supply Corporation Bihar, Patna
3. The District Manager, Bihar State Food and Civil Supply Corporation,
Sheikhpura
4. District Magistrate Cum Certificate officer, Distt. Sheikhpura
5. The District Manager, Bihar State Food and Civil Supply Corporation,
Lakhisarai
6. Sub - Divisional Magistrate Cum In - Charge District Certificate officer,
Sheikhpura
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajendra Prasad, Advocate
For the State : Mr. Lokesh Kumar Singh, AC to SC 6
For the BSFC : Mr. Shailendra Kumar Singh
Mr. Utkarsh Utpal, Advocate
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 17-03-2025
1. The petitioner has filed the Writ
petition for the following reliefs:
"i. For quashing the entire
proceeding of Certificate Case No.
123/2014-15
initiated against the
petitioner on the basis of application
and requisition dated 7.4.2014 signed
by the respondent No. 5.
ii. For giving a direction to
consider / dispose of the objection filed
Patna High Court CWJC No.11727 of 2016 dt.17-03-2025
by the petitioner under Section 9 of the
Act by a reasoned and speaking order.
iii. For grant of stay of the
further action against the petitioner in
certificate Case No. 123/2014-15 during
pendency of the writ petition and till
disposal of the objection petition.
iv. For any other relief/reliefs
which this Hon'ble Court may deem fit it
and proper in the facts and
circumstances of the present case".
2. At the very outset, Learned counsel
for the parties contended that since this matter is
squarely covered under the judgment passed by
the Hon'ble Supreme Court of India in the case of
Pawapuri Rice Mills Versus Bihar State Food
and Civil Supplies Corporation Ltd. & Ors.
and other analogous cases reported in 2024
SCC OnLine SC 3777, this Writ petition may also
be disposed of on the same terms and conditions.
3. Heard the Learned counsel for the
petitioner as well as the respondents.
4. The Hon'ble Supreme Court in
Pawapuri Rice Mills (supra) has observed as
Patna High Court CWJC No.11727 of 2016 dt.17-03-2025
follows:
"41. We have perused the record
and are of the view that the Rice
Millers invoked the writ remedy by
raising a jurisdictional fact against
realising the sums as a public demand
under the Act. As a writ court or in an
appeal under Article 136, we are not
examining the contentions on alleged
procedural deviations. We, however,
leave it open to the respective Rice
Millers to avail a statutory remedy as
may be available under the Act. For
availing a statutory remedy, we grant
thirty days from today to the Rice
Millers.
42. In the event of a Rice Miller
availing a statutory remedy as
permitted by this Judgment, the said
authority shall entertain the case
without reference to the delay and the
period of limitation in availing a
remedy before the said authority. With
the above observation, the civil
appeals stand dismissed. No order as
to costs. "
5. Having regard to the submissions
Patna High Court CWJC No.11727 of 2016 dt.17-03-2025
made by the Learned counsel for the parties, the
present Writ petition stands disposed of in terms of
the aforesaid judgment passed in Pawapuri Rice
Mills (supra).
6. Interlocutory Application, if any, shall
stands disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.03.2025
Transmission Date
