Patna High Court
Ramakant Prasad Sah vs The State Of Bihar And Ors on 28 March, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6140 of 2017
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Ramakant Prasad Sah Son of Raghunath Sah, Resident of Village- Dihalahi,
Dihlahi, P.S. ____ District- Darbhanga.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Department of Food
Supply and Consumer Protection, Government of Bihar, Patna
2. The Managing Director, Bihar State Food and Civil Supply Corporation,
Patna.
3. The District Manager, State Food Corporation, Sitamarhi.
4. The District Magistrate, Sitamarhi.
5. The Certificate Officer-cum- Senior Deputy Collector, Sitamarhi.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ajay Kumar Verma, Advocate
For the State : Mr.Arvind Ujjwal, SC 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 : 28-03-2025
1. The petitioner has filed the Writ
petition for the following reliefs:
"I. For quashing the
proceeding of Certificate Case no.
14/15/16
with respect to the petitioner
initiated against the petitioner and one
other person by the Certificate Officer-
cum-Senior Deputy Collector, Sitamarhi,
under the Bihar & Orissa Public
Demand Recovery Act, 1914 with
regard to alleged Public Demand of Rs.
2,54,91,004.70/-
Patna High Court CWJC No.6140 of 2017 dt.28-03-2025
II. For a direction to
Respondent Certificate Officer - cum -
Senior Deputy Collector, Sitamarhi to
not proceeded with the Certificate Case
No. 14/15/2016 with respect to the
petitioner.
III. For any other
direction/orders under the facts and
circumstances of the case.
2. Learned counsel for the petitioner contended
that the petitioner has filed his objections under Section
9 of the Bihar and Orissa Public Demands Recovery
Act, 1914 (Anneuxre-1) before the authority and the
same was pending with the Certificate Officer.
3. Learned counsel for the respondents
submitted 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
Patna High Court CWJC No.6140 of 2017 dt.28-03-2025
directing the Respondent No. 5 to pass appropriate
orders under Section 10 of the Act within a period of
three months from today.
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. Further
the petitioner is directed to appear before the Certificate
Officer for proper adjudication of the case.
5. 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.
6. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 28.03.2025
Transmission Date
