Patna High Court
Kamlesh Kumar vs The Bihar State Food And Civil Supplies ... on 18 March, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6567 of 2017
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Kamlesh Kumar Son of Sri Lal Bihari Singh, resident of Village- Shivgarh,
Police Station Bikram District Patna at present Proprietor, M/s Ganapati
Modern Rice Mill, Moriama, Police Station Bikram, Patna.
... ... Petitioner/s
Versus
1. The Bihar State Food and Civil Supplies Corporation Through Its Managing
Director Sone Bhawan, Patna
2. The Managing Director, Bihar State Food and Civil Supplies Corporation,
Sone Bhawan, Patna, Bihar.
3. The District Manager, State Food Corporation, Patna.
4. The State of Bihar through the District Magistrate, Patna.
5. The Certificate Officer-cum-Sub Divisional Officer, Paliganj, Patna.
6. The Officer-in-charge, Bikram Police Station, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate
For the State : Mr. Manish Kumar GP 4
For the BSFC : M/s Shailendra Kumar Singh,
Utkarsh Utpal, Advocates
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 18-03-2025
1. The petitioner has filed the Writ
petition for the following reliefs:
"i. For quashing the order
dated 20.03.2017 issued by District
Certificate Officer-cum-Sub Divisional
Officer. Paliganj. Patna in certificate
case no. 218/2014, whereby bailable
warrant of arrest has been issued
Patna High Court CWJC No.6567 of 2017 dt.18-03-2025
against the petitioner without giving
due consideration to the facts and
circumstances of the case,
(ii) For further direction to
the respondents Corporation to
amicably settle the claims of petitioner
with respect to dues of transportation
charges, handling charge & milling
charge and also the deposits made by
M/s. Babita Automatice rice mill under
the proprietorship of his wife and adjust
them against the dues payable by the
petitioner.
(iii) For any other
order/orders or relief/reliefs which the
petitioner may found to be entitled in
the facts and circumstances of the case.
2. At the outset, the Learned counsel for
the petitioner seeks indulgence of this Court to
grant liberty to file the objections under Section 9
of the Bihar and Orissa Public Demands Recovery
Act, 1914 and direct the authority to pass
necessary orders duly taking into account the
objections filed by the petitioner.
2. The Learned counsel for the respondents
Patna High Court CWJC No.6567 of 2017 dt.18-03-2025
reported that he has no objection, if a direction is
given to the respondent No. 5 to pass necessary
orders under Section 10 of the Act duly taking into
account the objections filed by the petitioner.
3. Having regard to the above made
submissions, without going into the merits or
demerits of the case, the present writ petition is
disposed of granting liberty to the petitioner to file
his objections under Section 9 before the
Respondent No. 5 within a period of four weeks
from today. On such objections being filed, the
authority concerned shall pass necessary orders
under Section 10 of the Act.
4. It is needless to mention that before
passing any order, the authority concerned shall
give an opportunity of hearing to the petitioner.
Any order passed shall be communicated to the
petitioner. The entire exercise shall be completed
as expeditiously as possible preferably within a
period of eight weeks from the date of filing of the
objections by the petitioner.
5. Till the passing of the final order by the
Patna High Court CWJC No.6567 of 2017 dt.18-03-2025
Certificate Officer, it is directed that no coercive
steps shall be taken against the petitioner herein.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.03.2025
Transmission Date
