Patna High Court
Md. Mojamil Hussain Khan @ Mojamil ... vs The State Of Bihar And Ors on 24 March, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1663 of 2017
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Md. Mojamil Hussain Khan @ Mojamil Hussain Khan Son of Sheikh
Abdullah Khan, Resident of Village- Lahwar, P.S. Keoti, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State Of Bihar through its Managing Director, The Bihar State Food &
Civil Supplies Corporation Ltd. Patna
2. The Bihar State Food and Civil Supplies Corporation Ltd. through the
District Manager, State Food Corporation, Sitamarhi
3. The Collector Sitamarhi.
4. The District Manager, Bihar State Food Corporation Sitamarhi.
5. The Certificate Officer, Sitamarhi.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Md. Ataul Haque
For the BSFC : M/s Shailendra Kumar Singh
Utkarsha Utpal, Advocates
For the State : Mr. U.P.Singh, AC to SC 4
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 24-03-2025
1. The petitioner has filed the Writ
petition for the following reliefs:
"i. A writ in the nature of
certiorari or any other appropriate writ
order or direction to quash the order
dated 22.2.2016 issued by the
Certificate Officer, Sitamarhi and notice
issued in Certificate case No. 24/15-16
under the signature of certificate
Officer, Sitamarhi.
Patna High Court CWJC No.1663 of 2017 dt.24-03-2025
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.
3. The Learned counsel for the respondents
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.
4. 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.
5. It is needless to mention that before
Patna High Court CWJC No.1663 of 2017 dt.24-03-2025
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.
6. Till the passing of the final order by the
Certificate Officer, it is directed that no coercive
steps shall be taken against the petitioner herein.
7. Interlocutory Application(s), if any,
shall stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.03.2025
Transmission Date
